Certifications

News & Analysis as of

California Eliminates Passive Investor Self-Certification From Finance Lenders Law License Application

Recently, the California Department of Business Oversight (DBO) made a number of changes to the application for a California Finance Lenders Law (CFLL) license that is completed by persons engaged in non-residential lending...more

U.S. Brings Criminal Charges For False Sarbanes-Oxley Certifications

An indictment was recently unsealed where the United States recently brought criminal charges, for among other things, false certifications under Section 302 and 906 of the Sarbanes-Oxley Act. The allegations are of course...more

A Bankruptcy Court’s Newly Founded Ability to Certify Questions of Law, Namely Involving Corporate Law Issues, to the Delaware...

The Delaware State Legislature recently amended Article IV, section 11 of the Delaware Constitution to add United States Bankruptcy Courts to the expanding list of courts and agencies that may certify questions to the...more

Deadline for Nasdaq Certification Requirement for Compensation Committee Independence and Change to Nasdaq Independence Rules

Certification Requirement - Companies listed on the Nasdaq Stock Market must certify that they have complied with Nasdaq's listing standards regarding compensation committees by the earlier of 30 days after their 2014...more

CMS Issues Draft Letter with 2015 Affordable Care Act Plan Certification Requirements

On February 4, 2014, CMS released a Draft Letter containing guidance for issuers seeking to offer Qualified Health Plans (QHPs) in Federally-Facilitated Marketplaces (FFMs). The Draft Letter offers operational and technical...more

Annual FCC CPNI Certification Due by March 3, 2014

This is to remind our clients that the Federal Communications Commission (FCC) requires every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and calling card...more

Texas to Launch Nation's First Privacy and Security Certification "Safe Harbor"

The Texas Health Services Authority (THSA) recently announced its selection of the Health Information Trust Alliance (HITRUST) Common Security Framework (CSF), the most widely adopted information privacy and security...more

CMS Extends Start Date for Stage 3 of Meaningful Use to 2017 Without Extending Timeline for When Providers Must Start Stage 2

The Centers for Medicare & Medicaid Services recently announced a revised timeline for the implementation of Stage 3 “meaningful use” measures for the Electronic Health Records Incentive Programs, but did not extend the...more

Bi-Weekly Pay Update - One Step Closer !!

A few weeks ago we alerted you to the fact that although the somewhat infamous bi-weekly pay law was set to go into effect on January 1, 2014, neither the required application nor the governing regulations had been finalized...more

HUD Extends Renewal Period For Certain Lenders And Mortgagees

On November 27, HUD issued Mortgagee Letter 2013-42, granting an extension of time to Title I and II lenders and mortgagees with a December 31, 2013 fiscal year end to submit required materials and fees for annual...more

Some Feedback on Compliance Certification Questionnaires from the Next Generation Workforce

My twenty-three year old son is a recently minted engineer working for a large and highly-respected manufacturing company with a strong reputation for good ethical conduct. He is a straight arrow with a strong moral compass....more

Inside The Courts - December 2013 | Volume 5 | Issue 4

In This Issue: *U.S. SUPREME COURT: - Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013) Lawson v. FMR LLC, No. 12-3 (U.S. Nov. 12, 2013) - Chadbourne & Parke LLP v. Troice, No....more

Trademark Review - Ready to Drink Wine? and What is a Certification Mark? (November 2013)

Ready To Drink Wine? Winemaker Amuse Bouche applied to register the mark “PRÊT À BOIRE,” which is French for “ready to drink.” The Examining Attorney alleged the term is generic when used in connection with wine and...more

City Planning Commission’s Certification of EIR Found Improper Because City Council Improperly Delegated CEQA Certification

A city’s planning commission certified an Environmental Impact Report (“EIR”) for a city general plan update and recommended the city council approve the update. The certification and approval were not appealed to the...more

CFTC Seeks Comments on TW SEF Available-to-Trade Certification

On October 29, the Commodity Futures Trading Commission requested public comment on a made-available-to-trade certification submitted by TW SEF, LLC, a temporarily registered swap execution facility (SEF)...more

New York Federal Court Holds that False Certification is Not Actionable Under False Claims Act Unless it Involves a Condition for...

United States ex rel. Qazi v. Bushwick United Housing Dev. Fund Corp., et al., 11 Civ. 1592 (BMC) (E.D.N.Y.): A New York federal district court dismissed an action alleging that a day care provider violated the federal and...more

Florida’s Second District Court Of Appeal Issues Important Decision On Inadmissibility Of Physician Board Certification Exam...

In medical malpractice litigation, the argument has increasingly been made that a physician’s board certification examination results, or more specifically, evidence of a physician’s failure to pass a board certification...more

DHHS’ Robotic Certification of MCOs…So Stepford-ish!

Senate Bill 208, Session Law 2013-85, requires the Secretary of the Department of Health and Human Services (DHHS) to conduct certifications to ensure the effectiveness of the managed care organizations (MCOs), and the first...more

Should My Company Become A Certified Women’s Business Enterprise (WBE)?

If you are a female business owner, you may be certified or are considering obtaining certification as a Women’s Business Enterprise. The basic qualifications for WBE certification include...more

Reasonable Steps to Verify - Third Party Certification Procedure Designed to Comply with New SEC Rules Permitting General...

On July 10, 2013, the Securities and Exchange Commission (“SEC”) adopted rules to eliminate the prohibition against general solicitation and general advertising in certain securities offerings under Rule 506 of Regulation D...more

Digitalization of the retail banking sector

Digitalization of the relationship between retail banks and customers is a must in an economy where according to estimates the usage of tablets has increased by 70% in the last year and physical contacts between bank branches...more

Electronic Self-Certification for Hardship Distributions May Be Insufficient, IRS Says

The IRS recently has reminded plan sponsors to verify and document that hardship distributions comply with their plan document and the law, according to a recent posting by IRS Director of Employee Plans Examinations Monika...more

CMS Issues Guidance Concerning Inpatient Admission Order and Certification Requirements

On September 5, 2013, CMS issued guidance concerning its new inpatient admission order and certification policies. As previously reported, CMS adopted new policies governing inpatient admissions, including inpatient...more

Seventh Circuit Reaffirms Propriety Of Overbroad Washing-Machine Classes Despite Supreme Court’s Ruling In Comcast v. Behrend

Earlier this year, as noted in a previous Skadden memorandum, the U.S. Supreme Court vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir....more

Agribusiness Alert: FDA Proposes Significant Regulatory Rules under FSMA related to Imported Foods, the Accreditation and Auditing...

The Food and Drug Administration (FDA) released for public comment two significant regulations promulgated under the 2011 Federal Food Safety Modernization Act (FSMA). The new regulations relate to food produced and processed...more

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