Morgan Lewis

Singapore Bond Market: Issuing Retail Bonds without a Prospectus

New regulations facilitate retail investor participation in the Singapore bond market. On May 19, the Monetary Authority of Singapore (MAS) promulgated two new regulations, effective immediately, to facilitate retail…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

FDA Issues “Leapfrog” Draft Guidance for 3D Printing of Medical Devices

3D printing raises significant technical considerations for device manufacturers. In response to the increasing use of 3D printing in the medical device arena, on May 10, the US Food and Drug Administration (FDA or Agency)…more
| Administrative Law, Health, Science, Computers, & Technology

DOL Updates FLSA Overtime Exemption Regulations

The update significantly increases the salary level needed to qualify as exempt under the FLSA’s white collar and highly compensated exemptions…more
| Labor & Employment Law

Supreme Court Issues Closely Watched Article III Standing Decision

The Court holds that allegation of a statutory violation is not solely sufficient to satisfy the “concrete harm” requirement for purposes of Article III standing in federal court…more
| Civil Procedure, Civil Remedies, Constitutional Law, Consumer Protection

New SEC Guidance on Non-GAAP Financial Measures Will Require Changes to Many Non-GAAP Presentations

On May 17, the SEC’s Division of Corporation Finance issued new and revised Compliance & Disclosure Interpretations (CDIs) on the use of non-GAAP financial measures. These CDIs will likely affect many non-GAAP financial measure…more
| Business Organizations, Securities Law

OSHA Electronic Recordkeeping Rule Creates Significant Reporting Requirements, Potential Enforcement Risks

OSHA issues long-anticipated amendments to its recordkeeping regulations. On May 12, the Occupational Safety and Health Administration (OSHA) issued its long-anticipated amendments to its recordkeeping regulations. Most…more
| Labor & Employment Law

Sub-Advisers Get Relief from Custody Rule’s Surprise Exam Requirement

Recent SEC staff no-action letter allows certain sub-advisers to avoid the burdensome surprise examination requirement under the Custody Rule. On April 25, the US Securities and Exchange Commission (SEC) staff provided…more
| Business Organizations, Finance & Banking, Securities Law

China—Proposed Simplification Of Outbound Investments Rules

A recent consultation paper issued by the National Development and Reform Commission (NDRC) seeks to further relax current restrictions on Chinese outbound investments…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

India-Mauritius Tax Treaty Amended

The amendments are a result of long-drawn negotiations between the two countries. India and Mauritius signed a Protocol on May 10 to amend the India-Mauritius double taxation avoidance treaty. The Protocol grants India…more
| Business Organizations, International Law & Trade, Taxation

SEC May Change the Disclosure Requirement About Intellectual Property

The SEC’s newly issued Concept Release focuses on the Regulation S-K requirements for business and financial disclosures. The US Securities and Exchange Commission (SEC) issued on April 13 a 341-page Concept Release seeking…more
| Business Organizations, Intellectual Property, Securities Law

Department of State Releases June 2016 Visa Bulletin

The bulletin shows significant retrogression in EB-2 for China and India and EB-3 China. The US Department of State (DOS) has released its June 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date…more
| Immigration Law, Labor & Employment Law

PCAOB Reproposes Revisions to Auditor’s Report to Require Disclosure about Critical Audit Matters and Auditor Tenure

On May 11, 2016, the Public Company Accounting Oversight Board (PCAOB) issued a reproposal of its auditor reporting standard. This action follows more than five years of active PCAOB consideration of whether the auditor’s audit…more
| Business Organizations, Finance & Banking, Securities Law

Crowdfunding Begins on May 16, 2016

Funding portal registration is now available through FINRA. This LawFlash discusses funding portals, which are the intermediaries through which crowdfunding will occur, specifically regarding the registration process prior…more
| Alternative Dispute Resolution (ADR), Business Organizations, Communications & Media Law, Finance & Banking, Securities Law

Senate Finance Committee Updates Report on Physician-Owned Distributorships

The report finds that PODs increase overutilization, lack transparency, and increase the risk of patient harm and warns that hospitals must combat the growing threat of PODs. On May 10, the US Senate Committee on Finance…more
| Business Organizations, Consumer Protection, Elections & Politics, Health

New Federal Law to Require Immediate Change to Agreements Governing Trade Secrets

The new federal trade secret law will likely require immediate action for all businesses that use trade secrets or other confidential information. The Defend Trade Secrets Act of 2016 (DTSA), which is expected to be signed…more
| Business Organizations, Civil Procedure, Civil Remedies, Intellectual Property, Labor & Employment Law
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