Public Comment

News & Analysis as of

CFPB Proposes Issuing No-Action Letters: Innovation at Too Much Cost and Uncertainty?

On October 10, 2014, the CFPB issued notice of and requested public comment on a proposed policy allowing CFPB staff to issue no-action letters (NALs) for “innovative financial products or services that substantially benefit...more

Proposed FINRA Rule 2231 Governing Customer Account Statements

Through its recent Regulatory Notice 14- 35, the Financial Industry Regulatory Authority (“FINRA”) announced and sought comments on its proposed new Rule, FINRA Rule 2231, governing the frequency and availability of customer...more

Draft Hong Kong Competition Guidelines Released for Public Comment

Industry has an opportunity to comment on the Competition Commission’s proposed Guidelines on how it intends to interpret and enforce the conduct rules in Hong Kong’s Competition Ordinance. Introduction - Hong...more

SEC Requests Comment on Proposed FINRA Rules Regarding Payment to Unregistered Persons

On September 25, 2014, the U.S. Securities and Exchange Commission (the “SEC”) solicited public comment on proposed FINRA rule changes (the “proposal”) that would substantively amend existing NASD and NYSE rules regarding...more

Oil & Gas Law Alert: SB 4 Well Stimulation Treatment Regulations - Second Revised Text of Proposed Regulations

On Thursday, October 9, 2014, the California Department of Conservation ("Department") issued public notice of the Second Revised Proposed Regulations for SB 4 Well Stimulation Treatment Regulations ("Second Revised...more

PAC Strikes Down Five Day Registration Requirement for Public Comment as Violation of OMA

The Public Access Counselor (PAC) in the Illinois Attorney General’s office recently issued a binding opinion regarding public participation in meetings held by public bodies. Section 2.06(g) of the Open Meetings Act...more

ESA Law Update: U.S. Fish and Wildlife Service Proposes to List West Coast Population of Fisher as Threatened Under Endangered...

The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific...more

Financial Services Weekly News Roundup - October 2014 #2

Spotlight on the MSRB: In the Industry Developments section we report that the SEC, FINRA and the MSRB will be conducting a compliance outreach program for municipal advisors. The Municipal Securities Rulemaking Board was...more

FDA Announces More Changes to FSMA Implementation Rules

On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many...more

FDA Issues Draft Guidance for Regulation of LDTs

On September 30th, 2014 the U.S. Food and Drug Administration published the draft guidance entitled ”Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs)” (“Guidance”). The publication of the draft Guidance...more

Federal Circuit Schedules Argument for First IPR Final Written Decision – In re Cuozzo Speed Technologies LLC

As we have been reporting, the U.S. Patent Office has requested comments on the trial proceedings under the America Invents Act. Out of the 17 issues outlined, the Office highlighted two for which it would especially...more

Only 28 Days Left to Submit Comments Regarding the CFPB’s Proposed Modifications to Home Mortgage Disclosure (Regulation C)

The Consumer Financial Protection Bureau (“CFPB”) has published for public comment, a proposed rule amending Regulation C to implement amendments to the Home Mortgage Disclosure Act (HMDA). The HMDA requires certain financial...more

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)....more

FDA Allowing Additional Comment Period for Draft Social Media Guidances

The Food and Drug Administration (FDA) is reopening the comment period for two draft social media guidances in response to requests for additional time to allow interested persons to submit comments. Beginning September 29,...more

Public Comment Period Closing As To Raleigh's Citywide Zoning District Remapping Project

The City of Raleigh's planning staff is in the final days -- literally, two days -- of the period in which it will accept public comments from citizens on the City's Zoning District Remapping Project, about which we've...more

Employment Law Summer Recap 2014: Part 9 of 11 – Mo’ne Davis, Becky Hammon and Obama’s Equal Pay Disclosure Rule: Three More...

Thirteen year-old pitching sensation Mo’ne Davis made headlines this summer as she became the first female to throw a shut-out in a Little League World Series game. She dominated batter after batter and looked mature beyond...more

SEC to consider change to definition of Accredited Investor

At its next meeting of the Investor Advisory Committee of the SEC, to be held on October 9, 2014, the Commission’s agenda includes a discussion of recommendations regarding amendments to the definition of “accredited...more

Google Settles With FTC Over In-App Purchases Dispute

Google reached a major settlement with the FTC this month, agreeing to pay $19 million to consumers whose children made purchases through Google Play, an Android-based app store. The agency alleged that Google did not...more

USPTO to Hold Roundtable on Patent Law Harmonization

In a notice published in the Federal Register last week (79 Fed. Reg. 56070), the U.S. Patent and Trademark Office announced that it would be holding a roundtable to obtain public input on several issues related to the...more

Weekly Update Newsletter - September 2014 #3

8(A) Subcontracting Limitations: Continued Noncompliance with Monitoring Requirements Signals Need for Regulatory Change - The Government Accountability Office (GAO) has conducted a study to review how federal agencies...more

PTAB Update -- A Review of the First Round of Comments (Part 1)

The USPTO has been seeking feedback on the PTAB trial proceedings established by the Leahy-Smith America Invents Act. A Federal Register Notice from June 27, 2014 contained the "Request for Comments on Trial Proceedings...more

For Better or Worse: California Solicits Input on Further Revisions to Its Proposition 65 Regulations

Earlier this year, California’s Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the State's controversial Proposition 65 law, released a “pre-regulatory” proposal to revise...more

PAC Limits Public Bodies’ Authority in Regulating Public Comment Period

On September 4, 2014, the Illinois Attorney General’s Office released a binding opinion through its Public Access Counselor (PAC) that public bodies cannot require speakers to provide personal information such as a home...more

Canadian Securities Administrators Propose Significant Amendments to Take-Over Bid Regime

The Canadian Securities Administrators (CSA) have announced that they intend to publish for comment amendments (the Proposed Bid Amendments) that, if implemented, will result in significant changes to the take-over bid regime...more

Want To Complain About The 2015 Medicare Physician Fee Schedule? Take A Number.

Apparently Americans feel that way about Medicare’s traditional fee-for-service physician compensation schedule. Everybody complains about it, but nobody likes any proposed changes. That’s clear from the reaction to the...more

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