Stinson Leonard Street

Corp Fin Issues Three New and Revised Interpretations of the Securities Act Rules

On October 19th, the Division of Corporation Finance released three new and revised Compliance and Disclosure Interpretations (C&DIs) concerning the Securities Act. Revised C&DI 271.04 and new C&DI 271.21 relate to exempt…more
| Commercial Law & Contracts, Securities Law

Bank Regulators Issue Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards

Three federal banking regulatory agencies have approved an advance notice of proposed rulemaking (ANPR) inviting comment on a set of potential enhanced cybersecurity risk-management and resilience standards that would apply to…more
| Finance & Banking, Privacy, Science, Computers, & Technology

Bipartisan Members of Congress and NASAA Declare Support for SEC’s Proposed Modernization of Rules to Facilitate Intrastate Crowdfunding Offerings

On October 7, 2016, a bipartisan contingent of members of the U.S. House of Representatives and the president of the North American Securities Administrator Association (NASAA) coordinated a duel message to the SEC regarding its…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

SEC Publishes FAQs on Pay Ratio Rule

The SEC has published five FAQs on its pay ratio rule – see new questions 128C.01 to 128C.05. As we noted in our checklist of preliminary planning matters for the upcoming proxy season, the pay ratio disclosure need not be made…more
| Commercial Law & Contracts, Securities Law

SEC Continues to Closely Monitor the Use of Non-GAAP Financial Measures

On May 17, 2016, the U.S. Securities and Exchange Commission (SEC) issued new Compliance and Disclosure Interpretations (C&DIs). The C&DIs provide added guidance on the use of non-GAAP financial measures in public disclosures…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Stinson Leonard Street's Emerging Trends Newsletter - Q3

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are excited…more
| Civil Rights, Commercial Law & Contracts, Finance & Banking, Privacy, Securities Law

The New York State Department of Financial Services Proposes Robust Cybersecurity Rules

On September 13, 2016, the New York State Department of Financial Services (DFS) proposed new rules that would require certain “Covered Entities” to establish and implement cybersecurity programs designed to protect nonpublic…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

Administration Joins Courts In Prohibiting Arbitration In Nursing Home Admissions

Within the U.S. Government, the CFPB has gotten most of the attention for trying to regulate consumer arbitration. But this month, the Centers for Medicare & Medicaid Services (CMS) are bumping the CFPB out of the arbitration…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Health

CFTC Extends Swap Dealer De Minimis Phase-In Period

As has been rumored in recent weeks, the CFTC has adopted an order establishing December 31, 2018 as the swap dealer registration de minimis threshold phase-in termination date. With this approval, the de minimis threshold will…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

SEC Says Mobile Phone Game is an Illegal Security-Based Swap

I previously discussed an SEC Investor Alert which said fantasy stock trading for small amounts of money can violate provisions of securities laws implemented by the Dodd-Frank Act. According to the SEC, the terms “swap,”…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Communications & Media Law, Securities Law

WARNING: Prop 65 Can Expose Product Manufacturers to Increased Litigation in California

California's Proposition 65 ("Prop 65") requires product manufacturers and sellers to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone in California to a chemical listed by the…more
| Commercial Law & Contracts, Communications & Media Law, Elections & Politics, Products Liability

CFPB Too Powerful: Federal Court Finds the Agency's Structure is Unconstitutional

Ever since the establishment of the Consumer Financial Protection Bureau (CFPB) in 2011, it has become what some argue is the most powerful federal agency in history. The Dodd-Frank Act not only established the CFPB, but…more
| Constitutional Law, Consumer Protection, Finance & Banking, Insurance, Real Estate - Residential

CFPB’s Structure Ruled Unconstitutional but it Avoids Being Dismantled

On October 11, 2016, the United States Court of Appeals for the D.C. Circuit issued its highly anticipated opinion in PHH Corp., et al. v. CFPB, holding that the Consumer Financial Protection Bureau’s (CFPB) structure is…more
| Constitutional Law, Finance & Banking, Consumer Protection, Insurance, Real Estate - Residential

SEC Seeks Public Input on Subpart 400 of Regulation S-K in Connection with its Disclosure Effectiveness Initiative

At the end of August, the U.S. Securities and Exchange Commission (SEC) issued a release seeking public input on the disclosure requirements found in Subpart 400 of Regulation S-K (Comments Request). Subpart 400 requires…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

DOL Issues Final Rule Requiring Covered Federal Contractors to Provide Paid Sick Leave

Covered federal contractors must provide their employees a minimum of 56 hours of paid sick leave per year, pursuant to a final rule issued by the U.S. Department of Labor (DOL) on September 30, 2016. The new paid sick leave…more
| Government Contracting, Labor & Employment Law
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