Proposed Regulation

News & Analysis as of

The Impact of the DOL's Fiduciary Proposal on Independent Registered Investment Advisers

The DOL’s “package” consists of (i) a proposed regulation that re-defines fiduciary investment advice for plans subject to ERISA and for IRAs and (ii) six proposed prohibited transaction exemptions. The sweep of this...more

EEOC Proposes Regulatory Clarification on the Application of the ADA to Employer Wellness Program Incentives

Action Item: Employers who already have, or are considering implementing, wellness programs that involve cost-sharing reductions or other financial incentives for participants should carefully review their programs given the...more

SEC Approves Proposed Rules for Executive Compensation

On April 29, 2015, the Securities and Exchange Commission (SEC) narrowly approved proposed rules requiring certain reporting companies to disclose the relationship between pay to named executive officers and performance by...more

Department of Labor proposes to expand the definition of fiduciary: top points

The US Department of Labor has issued proposed regulations that may have a significant effect on those who recommend or market investment products and services to employee benefit plans and individual retirement accounts. ...more

Alert: SEC Proposes New Rules on Pay Versus Performance When "Compensation Actually Paid" is Not Compensation Actually Paid and...

On April 29, 2015, the SEC voted to propose rules requiring public companies to disclose the relationship between compensation actually paid and company financial performance. The proposal comes almost five years after the...more

U.S. House Passes Bill to Revise Corps and EPA Definition of “Waters of the United States”

On May 12, 2015, the U.S. House of Representatives passed H.R. 1732, which requires the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to withdraw the proposed rule published in the Federal...more

CMS Changes Medicare Prescriber Enrollment Requirements

On May 6, 2015, CMS issued interim final rules relating to Medicare Part D beneficiary access to Part D drugs. Through the rules, CMS announced updates regarding the impending prescriber enroll or opt-out effective date,...more

EEOC Issues Proposed Rule Addressing Employer Wellness Programs and the ADA

On April 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) issued a proposed rule to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (“ADA”) as it...more

The CFTC Unanimously Approves for Public Comment Rules to Ease Trade Option Obligations for End Users

The U.S. Commodity Futures Trading Commission (CFTC) issued proposed rules to amend Part 32 to reduce recordkeeping and reporting requirements for commercial end users entering into trade options. The proposed rules, if...more

New Temporary and Proposed Regulations Offer Welcome Clarification on Application of the Embedded Loan Rule

On May 8, 2015, the Treasury Department and the Internal Revenue Service published temporary and proposed regulations under IRC §§ 446 and 956 (T.D. 9719; REG-102656-15), clarifying when nonperiodic payments made pursuant to...more

What’s Up With Wellness Programs Anyway?

My personal interest in employer wellness programs increased a few months ago when my wife and I were offered significant health insurance premium savings through her employer by participating in such a program. We completed...more

Compensation and Benefits Insights – April 2015

On April 20, 2015, the U.S. Equal Employment Opportunity Commission ("EEOC") published proposed regulations addressing how employers can implement wellness programs that comply with the Americans with Disabilities Act...more

SBA Proposes New Mentor-Protégé Program

Recently, the Small Business Administration (SBA) published proposed regulations that will create a new universal mentor-protégé program that the SBA hopes will expand the ways in which small businesses can benefit from the...more

New MLP Rules Provide Bright Lines and New Challenges

On May 5, 2015, the Internal Revenue Service (“IRS”) released proposed regulations that, if finalized, would provide guidance on qualifying income from minerals and natural resources activities for master limited partnerships...more

Take Two: DOL Reproposes Changes to Definition of Fiduciary for ERISA Plans and IRAs

This is the first in a series of client advisories regarding the Department of Labor’s re-proposed regulation on the definition of “fiduciary” under ERISA Section 3(21) and related proposed new and amended prohibited...more

Proposed Fiduciary Definition Regulations Will Impact Investment Adviser Practices

The U.S. Department of Labor (DOL) recently released long-awaited, re-proposed regulations that would broaden the “fiduciary” definition under the Employment Retirement Income Security Act (ERISA) and the Internal Revenue...more

Meaningful Use Stage 3 Proposed Rule: One Set of Requirements to Rule Them All

With the release of the Meaningful Use Stage 3 proposed rule on March 30, CMS is attempting to reduce complexity and increase uniformity within the electronic health record EHR Incentive Programs by reducing the myriad of...more

DOL’s Proposed Prohibited Transaction Exemption: Best Interest Contracts

This is the second in a series of client advisories regarding the U.S. Department of Labor’s re-proposed regulations (Proposed Rule) defining who is a fiduciary under ERISA and the Code as a result of providing investment...more

SEC Pushes for Enhanced Disclosure of Pay Versus Performance

On April 29, 2015, the Securities and Exchange Commission issued proposed regulations to implement section 14(i) of the Securities Exchange Act of 1934, as added by section 953(a) of the Dodd-Frank Wall Street Reform and...more

Sec Proposes Anticipated Rules on Pay-Versus-Performance Disclosure

On April 29, 2015, the SEC, in a 3-2 vote of the SEC Commissioners, approved proposed rules (the “pay-versus-performance disclosure”) that would require an issuer to disclose the relationship between the issuer’s executive...more

Will Your No-Smoking Policy Get Vaporized?

Wondering what your employee is smoking in the break room, likely in violation of your “no-smoking” policy? Chances are it is an electronic smoking device, such as an e-cigarette or vaporizer. What should you do about it?...more

SEC Proposes Rules for Security-based Swap Activity of Non-US Persons in the United States

On April 29, the Securities and Exchange Commission (SEC) proposed some additional rules for security-based swaps (SBS) that reflect a firm belief (shared by the Commodity Futures Trading Commission) that derivatives activity...more

IRS Publishes Proposed Regulations Addressing Fracking Services by MLPs

On May 6, 2015, the Internal Revenue Service (IRS) published proposed regulations [REG-132634-14], which if finalized would clarify that income from certain oil and natural gas fracturing (“fracking”) services is “qualifying...more

Massachusetts Earned Sick Time Law Takes Effect July 1

Massachusetts’ Earned Sick Leave Law, which voters passed by ballot initiative last November, is set to become effective in less than two months on July 1, 2015. On April 27, Attorney General Maura Healy’s office released...more

State Water Resources Control Board Adopts Emergency Water Restrictions Throughout California

Sweeping Regulations Expected to Take Effect by May 15 - The State Water Resources Control Board took final action on emergency regulations designed to achieve an overall 25 percent reduction in potable urban water use...more

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