Information Sharing

News & Analysis as of

Misclassification Initiatives Spread as Alabama Signs Formal Pact with DOL

On October 2, 2014, the Alabama Department of Labor and the U.S. Department of Labor (DOL) entered into a formal Memorandum of Understanding (MOU) or agreement to share information regarding independent contractor...more

OECD Publishes its Standards for the Automatic Exchange of Information

On July 21, the Organisation for Economic Co-operation and Development (OECD) published its Standard for Automatic Exchange of Financial Account Information in Tax Matters. The report contains the OECD’s model competent...more

Banking & Financial Services E-Note

In This Issue: - 70 Countries Agree to Share Bank Information in Tax Evasion Probe - Financial Industry Pushes Back Against Proposed ERISA Requirements - Federal Reserve Proposes Tougher Stress Tests for...more

FinCEN Doubles Down on Casinos with Heightened Regulatory Expectations - Casino Managers and Tribal Gaming Commissioners Need to...

For the second time in nine months, Financial Crimes Enforcement Network (FinCEN) Director Jennifer Shasky Calvery has publicly addressed FinCEN's increasing concerns regarding casino compliance with the Bank Secrecy Act...more

FDA Issues Draft Guidances Regarding Social Media: Handling Misinformation and Character Space Limits

On June 17, 2014, the U.S. Food and Drug Administration (FDA) issued two draft guidance documents concerning the use of social media and internet platforms for advertising and promotion: Internet/Social Media Platforms:...more

SEC Brings Settled Administrative Proceedings Against NYSE Relating to Informational Advantages, Electronic Trading and Other...

The Securities and Exchange Commission (SEC or Commission) on May 1, 2014 announced a settlement (Settlement) with the New York Stock Exchange LLC and certain of its affiliates (collectively, the NYSE), addressing a variety...more

FCPA Compliance and Ethics Report-Episode 51-Interview with Tim Haidar [Video]

In this episode of the FCPA Compliance and Ethics Report, I visit with Tim Haidar, the Editor-in-Cheif of Oil & Gas IQ, one of the top online resources for the energy industry. Tim talks about some of IQPC's upcoming events...more

Where LinkedIn Accounts Go To Die

This morning my friend Michelle Golden posted the story about an individual named Heather Bussing that deleted her LinkedIn account because she disagreed with the terms of services. You can see the entire post here: Why I...more

FTC, DOJ Issue Policy Statement on Sharing of Cybersecurity Information

The Federal Trade Commission and Department of Justice, Antitrust Division, recently issued a joint policy statement regarding their enforcement policy on cybersecurity information exchanges among private entities, where such...more

So, You Want to Share Your Technical Cyber Threat Information with Your Neighbors?

Echoing guidance previously given to a nonprofit organization looking to exchange certain cybersecurity information, including exchanging actual real-time cyber threat and attack information, and others planning to exchange...more

What is LinkedIn? Not a stupid question

I’ve heard this question from two different highly successful partners at big law firms in the last month. What is LinkedIn? Isn’t it obvious? It’s a collection of professionals networked using a common website where they...more

Will Congressional Pressure on the CFTC to Share Information With FERC Bear Fruit?

The Federal Energy Regulatory Commission (“FERC”) has identified ferreting out energy market manipulation as a priority in its enforcement efforts. On January 2, 2014, FERC and the U.S. Commodity Futures Trading Commission...more

Board Reform: Real Leadership Requires Robust Information Sharing

Corporate boards have to be more involved and informed. I know this sounds like a profound grasp of the obvious but corporate governance needs to move forward. This is not rocket science – we have all faced difficult issues...more

HHS Issues Guidance on Sharing Mental Health Information

The U.S. Department of Health and Human Services (HHS) recently issued guidance on when it may be permissible under the Health Insurance Portability and Accountability Act (HIPAA) for health care providers to share...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Weekly Law Resume - January 2014: Defamation – Torts – Privacy Rights – California’s “Shine the Light” Law

David Boorstein v. CBS Interactive, Inc. - Court Of Appeal, Second Appellate District (December 19, 2013) - In 2003, California passed the “Shine the Light” law (“STL”), in Civil Code Section 1789.83. This allows...more

CFTC and FERC Issue Long-Awaited Memoranda of Understanding on Jurisdiction and Information Sharing

On January 2, 2014, the Commodity Futures Trading Commission (“CFTC”) and the Federal Energy Regulatory Commission (“FERC,” collectively, the “agencies”) signed “Memoranda of Understanding” regarding certain matters of...more

Energy Regulators FERC, CFTC Finally Reach Proactive Understanding on Jurisdiction and Information Sharing

Primary regulators of energy transactions, the Federal Energy Regulatory and Commodity Futures Trading Commissions (FERC, CFTC or jointly Participating Agencies) began the new year by entering on January 2 two overdue...more

FERC And CFTC Reach Agreement On Information Sharing And Jurisdiction

After a fair amount of back-channel arm-twisting, the two agencies with principal (and sometimes overlapping) jurisdiction over energy commodities have reached agreement on two memoranda of understanding (“MOUs”) required by...more

FERC & CFTC Sign MOUs On Jurisdiction And Information Sharing (Finally)

On January 2, approximately three years after the applicable deadline under the Dodd-Frank Act, the Federal Energy Regulatory Commission and Commodity Futures Trading Commission entered into two Memoranda of Understanding...more

Increased Agency Information Sharing Raises Misclassification Risks

On November 18, 2013, New York State joined forces with the U.S. Department of Labor in an information-sharing program that will enhance inter-agency enforcement of worker misclassification. The New York State Attorney...more

Comptroller Identifies BSA/AML Risks, Calls For Increased Information Sharing

On November 17, the Comptroller of the Currency, Thomas Curry, delivered remarks at the American Bar Association/American Bankers Association BSA/AML conference in which he identified common BSA/AML compliance risks and...more

FinCEN Encourages Information Sharing Between Financial Institutions

On October 31, FinCEN issued a fact sheet to highlight Section 314(b) of the USA PATRIOT Act, which provides financial institutions with the ability to share information with one another under a safe harbor that offers...more

New DoD Rule Promotes Voluntary Sharing of Cyber-Security Threat Information Between DoD and Defense Contractors

On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more

FBAR Non-filers Beware of Global Information Exchange Agreements

At the most recent meeting of the Finance Ministers and Central Bank Governors on July 19 & 20, 2013 they said “We are committed to automatic exchange of information as the new, global standard and we fully support the OECD...more

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