Morgan Lewis

AML Requirements Proposed for SEC Registered Advisers

On August 25, the Financial Crimes Enforcement Network (FinCEN), a bureau of the US Department of the Treasury (Treasury), published a notice of proposed rulemaking (NPRM) to impose anti-money laundering (AML) programs and…more
| Finance & Banking, Securities Law

ESMA Publishes Advice on Extending the Marketing Passport Beyond Europe

ESMA has recommended that the AIFMD passport be extended beyond the countries within the European Union to Jersey, Guernsey, and Switzerland. On 30 July, the European Securities and Markets Authority (ESMA) sent its advice…more
| Finance & Banking, International Law & Trade, Securities Law

Asset Purchasers May Be Found Liable as “Successors”

Recent court decisions suggest that parties engaged in corporate asset sale transactions involving potential multiemployer pension plan liability should give extra consideration to the structure and terms of their transactions,…more
| Civil Procedure, Finance & Banking, Labor & Employment Law, Mergers & Acquisitions

Delaware Enacts First Privacy Law with Focus on Children

The Delaware Online Privacy and Protection Act takes a broad approach to the collection and disclosure of personally identifiable information. Delaware Governor Jack Markell recently signed the Delaware Online Privacy and…more
| Consumer Protection, Privacy, Science, Computers, & Technology

FCC Proposes Reform of Radiofrequency Equipment Authorization Rules

Faced with the rapid growth of increasingly complex wireless products, the FCC proposes to upgrade its equipment authorization program to prevent harmful interference without stifling innovation and product development…more
| Communications & Media Law, Science, Computers, & Technology

Federal Court Vacates STEM Extension Program

Current STEM OPT holders not affected until February 2016. A federal judge's ruling earlier this month invalidated the 17-month extension of optional practical training (OPT) for international students in the science,…more
| Civil Procedure, Education, Immigration Law, Labor & Employment Law

NLRB Vastly Expands Its Joint-Employer Standard

The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers, and…more
| Franchise Law, Labor & Employment Law

Patent Board’s Proposed New Rules for PTAB Trials

The PTAB issues its second round of proposed rule changes. The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings (Inter Partes Reviews,…more
| Civil Procedure, Intellectual Property

EU Privacy Law May Require Individual Third Party Consent for Sale of Customer Email Lists

Parties to transactions involving personal data in Europe are well-advised to investigate whether individual consent or the offer of opt-outs are required to avoid the risk of fines and other sanctions imposed by the DPA or…more
| Consumer Protection, International Law & Trade, Mergers & Acquisitions, Privacy, Science, Computers, & Technology

EPA Issues Proposed Rules on VOC and Methane Emissions from Oil and Gas Operations

The EPA seeks to reduce VOC and methane emissions by 40-45% by 2025. On August 18, 2015, the US Environmental Protection Agency (EPA) published proposed changes to the new source performance standards (NSPS) and draft…more
| Energy & Utilities, Environmental Law

SEC Adopts Pay Ratio Disclosure Rule

Overview of the Pay Ratio Rule: The Basic Rule - Reporting companies subject to the rule (Subject Companies) must disclose the ratio (pay ratio) for the most recent fiscal year of (a) the median of total compensation…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law

CFTC/SEC Jurisdictional Battle Heats Up Over Dividend Indices

The CFTC recently approved a futures contract on a dividend index as a non-security based index futures contract over the SEC’s objection that the dividend index contract could be a security future; the CFTC’s actions may have…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law

No FCPA Accomplice Liability for Non-resident Foreign Nationals if No Agency

Court rules that the US Department of Justice cannot expand the FCPA’s reach simply by charging non-resident foreign nationals with conspiracy…more
| Civil Procedure, Commercial Law & Contracts, Criminal Law, International Law & Trade

Switzerland Is the First Country to Lift Some Sanctions on Iran

Certain US sanctions on Iran may be lifted mid to late 2016 or even later. On August 13, Switzerland became the first country to formally lift certain sanctions on Iran, following the announcement of the Iran nuclear deal…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, International Law & Trade

FTC Spells Out Principles On When It Will Exercise Its Standalone Authority Under Section 5

The one-page statement, at the level of broad general principles, keeps with recent practice and does not signal any significant increase in enforcement under “unfair methods of competition” theories…more
| Antitrust & Trade Regulation
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