Proposed Regulation

News & Analysis as of

Louisiana Establishes Natural Resource Damage Restoration Banking Regulations

New regulations have been proposed to establish procedures for the certification and operation of natural resource damage restoration banks in Louisiana. These proposed regulations can be found in Title 43 of the Louisiana...more

Cybersecurity and Data Privacy: Bond Public Comments on Department of Financial Services Proposed Cybersecurity Regulations Seek...

On September 13, 2016, the New York State Department of Financial Services (DFS) issued proposed cybersecurity regulations (Proposed Regulations) that would impose significant new obligations on all organizations covered by...more

Proposed Federal Legislation Would Rewrite Class Action Law

On February 9, 2017, Rep. Bob Goodlatte (R-VA) introduced H.R.985 in the U.S. House of Representatives. The Bill is titled “To amend the procedures used in Federal court class actions and multidistrict litigation proceedings...more

The Respect State Marijuana Laws Act was introduced this week in U.S. Congress

On February 7, 2017, Congressman Dana Rohrabacher (R-CA) introduced legislation entitled “The Respect State Marijuana Laws Act” (the Bill) for the third time in the U.S. House of Representatives to protect people from being...more

Introducing a "career savings system" in Belgium

Almost each governmental agreement of this last decade promoted the introduction of a new scheme aiming to give to employees more autonomy in the management of their working time and thereby to have a better work-life...more

Private Placement of Securities in Canada - Second Edition

Securities regulation in Canada is a matter of provincial jurisdiction and each of the ten Canadian provinces and three territories has its own securities regulatory body, that enforces the relevant local legislation and...more

New York's Cybersecurity Requirements for DFS Licensees: A New Item at the Top of the To-Do List

With a compliance date a few months away, licensees of the New York Department of Financial Services (DFS) must start taking action in response to coming cybersecurity requirements, which will be more onerous and difficult...more

HHS Finalizes Toned-Down Version of Common Rule Overhaul

The Final Rule published by the US Department of Health and Human Services on January 18, 2017, largely avoids major modifications to the Common Rule. However, it specifically addresses creation of biospecimen and data...more

Washington Introduces Bill to Clarify Anti-Rebating and Inducement Laws

Key Points - - The Washington Insurance Commissioner recently found that Washington’s anti-rebating and inducement laws prohibit California-based insurance producer Zenefits from offering valuable software functions...more

Treasury Releases Proposed Rules Implementing Partnership Audit Regime; Awaiting Publication in the Federal Register

On January 18, 2017, the Department of Treasury (“Treasury”) released proposed regulations (REG-136118-15) (the “Proposed Regulations”) implementing the partnership audit provisions of the Bipartisan Budget Act of 2015 (the...more

House Votes to Invalidate Extraction Payment Disclosure Rule

On February 1, 2017, the U.S. House of Representatives passed House Joint Resolution 41 to annul the Extraction Payment Disclosure Rule. The rule would require oil and gas companies to disclose in annual reports for fiscal...more

New York State Department of Financial Services Superintendent Submits Comment Letter to US Office of the Comptroller of the...

NYSDFS Superintendent Maria T. Vullo submitted a comment letter opposing the OCC’s proposal to create a new national bank charter for FinTech companies. Vullo noted that a one-size-fits-all federal charter will not work to...more

Final FEHC Criminal History Regulations Approved, Move One Step Closer to Implementation

On January 10th, the California Fair Employment and Housing Council (FEHC) approved proposed regulations related to employer use of criminal history information. The regulations will be filed with the Office of...more

Predecessor and Successor Regulations

In December, the Treasury published temporary and proposed regulations clarifying the application of Section 355(e) when the distributing (D) corporation or the controlled (C) corporation has a predecessor (P) or...more

Oil & Gas Law Alert: California Department of Conservation Issues Discussion Draft Rules for Oil Field Wastewater Injection

On January 21, 2017 the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Pre-rulemaking Public Comment Period for the development of updates to the regulations...more

The Trump Freeze Leaves New Proposed Regulations on Partnership Audit Rules out in the Cold

A White House freeze on recently issued regulations has left proposed regulations on the new Centralized Partnership Audit Regime out in the cold. On January 20, 2017, a memorandum from Assistant to the President and Chief...more

IRS Releases Final Treasury Regulations on MLP Qualifying Income

On January 24, 2017, the Internal Revenue Service (IRS) issued final regulations addressing master limited partnership (MLP) qualifying income under Section 7704(d)(1)(E) of the Internal Revenue Code (the Code). The...more

IRS Pulls Proposed Partnership Audit Regulations

As I previously discussed, the IRS released last week long awaited regulatory guidance addressing the new partnership audit rules. The status of these proposed regulations is unclear, though, as the IRS officially withdrew...more

New York's DFS Tweaks Proposed Cybersecurity Regulations

The New York Department of Financial Services (DFS) rang in the New Year by releasing changes to the agency's proposed cybersecurity regulations. What happened - On December 28, 2016, as the result of extensive...more

2017 Is Still Young, But California Legislative Proposals Are Already Here

Although we have barely scratched the surface on 2017, the California Legislature is already active on the labor and employment front, with a number of new (or not so new) proposals being introduced in the first weeks of the...more

DHS Releases Proposed Amendments to EB-5 Regulations

The Department of Homeland Security (DHS) has released for public comment its amendments to the regulations governing the EB-5 Immigrant Investor classification: The EB-5 Immigrant Investor Program Modernization Rule....more

What Will The Proposed New York Cybersecurity Requirements For Financial Institutions Really Make Companies Do?

In early September 2016, the New York Department of Financial Services (“DFS”) proposed a set of data security regulations (the “Proposal”) that would govern financial institutions, banks, and insurance companies subject to...more

Now You Can Be Up to Your QNEC in Forfeitures

On January 18, 2017, the IRS issued proposed regulations allowing amounts held as forfeitures in a 401(k) plan to be used to fund qualified nonelective contributions (QNECs) and qualified matching contributions (QMACs). This...more

EU Commission Publishes Its Proposals for New e-Privacy Regulation

On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic Communications (“proposed Regulation”) to replace Directive 2002/58 (known as the “ePrivacy Directive”). The proposed Regulation...more

Is It Safe? Limits of “Safe Harbor” for Temporary Holds on Senior Investor Transactions Under Proposed FINRA Rule 2165

Introduction - In addition to the recent increase in regulatory focus on senior investors, earlier this fall, the Financial Industry Regulatory Authority (FINRA) filed a rulemaking proposal (the filing) with the...more

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