Public Comment

News & Analysis as of

Summary of Major Provisions in the Proposed 2017 Physician Fee Schedule

The proposed Physician Fee Schedule for 2017 (PFS) includes several changes covering a litany of topics spanning from telehealth services to expanding the Diabetes Prevention Program Model. The following is a high-level...more

WiGig? Why Not! FCC Sets Aside Significant Unlicensed Spectrum for Deployment and Support of 5G Wireless Services in Latest...

On Thursday, July 14, the FCC adopted its “Spectrum Frontiers” Order which allocates a substantial amount of high-frequency millimeter wave spectrum for both licensed and unlicensed use to support the deployment of the “next...more

SEC Proposes Rule Requiring Investment Advisers to Adopt Business Continuity and Transition Plans

On June 28, 2016, the Securities and Exchange Commission proposed a new rule that would require registered investment advisers to adopt and implement written business continuity and transition plans. In announcing the...more

Blog: FCA review of crowdfunding & peer-to-peer lending rules – change and enforcement likely to follow

The FCA has published a “Call for input to the post-implementation review of [its] crowdfunding rules“. Some will think this is code for “move along please, there’s nothing to see here” – and that would be understandable. But...more

Home Health PPS CY 2017 Proposed Rule: Payments Rebased, Quality Measures Updated

Downward adjustments to home health episode payments arising from rebasing of the national payment rates, case mix adjustments, and an increase to the fixed dollar loss ratio for calculating outliers will result in an overall...more

SEC Proposes Amendments to Smaller Reporting Company Definition

On June 27, 2016, the Securities and Exchange Commission proposed amendments to the “smaller reporting company” (“SRC”) definition, substantially increasing the relevant financial thresholds and thus expanding eligibility for...more

SEC Issues Final Rules on Dealing Activity Conducted Within the US by a Non-US Person

On May 1, 2013, the Securities and Exchange Commission ("SEC") adopted and made public for comment proposed rules and interpretive guidance (the "2013 Cross-Border Proposing Release") to address the application of the...more

SEC Approves Nasdaq’s Disclosure Rule on “Golden Leashes”

On July 1, 2016, the Securities and Exchange Commission approved, on an accelerated basis, Nasdaq’s proposal to require listed companies to publicly disclose compensation or other payments by third parties to director and...more

Quadrennial Energy Review Task Force Requests Public Comments On U.S. Energy System

On June 21, 2016, DOE announced an upcoming deadline for comments to the Quadrennial Energy Review (QER) - An Integrated Study of the Electricity System. QER was created via a Presidential Memorandum in January of 2014 to...more

"Proposed Treasury Regulations Revolutionize Tax Rules Governing Intercompany Financing Transactions"

Recently proposed Treasury regulations, which will likely be finalized this year, promise to alter the tax treatment of a wide range of intercompany financing transactions dramatically, upending nearly a century of law...more

IRS Issues Guidance on Determination Letter Program

The Internal Revenue Service (IRS) has recently issued detailed guidance on the new determination letter program for tax-qualified retirement plans. In 2015, the IRS announced that, due to budgetary constraints, the program...more

FCA Penalties to Nearly Double After Inflation Adjustment

In an Interim Final Rule effective August 1, 2016, the Department of Justice (DOJ) confirmed increased statutory penalties under the False Claims Act (FCA) to adjust for inflation, almost doubling current penalty amounts. ...more

"Recent Developments in the Use of Variable Interest Entities"

The variable interest entity (VIE) structure has been around since the listing of Sina.com on the Nasdaq Stock Market in 2000. It enables companies to exercise control over operating entities and derive economic benefits from...more

False Claims Act Update

As anticipated, the DOJ follows the RRB’s lead, nearly doubling FCA penalties. In accordance with Section 701 of the Bipartisan Budget Act of 2015 (BBA), Public Law 114-74, the US Department of Justice (DOJ) published an...more

DOJ Rule Increases FCA Penalties to Over $20,000 Per Claim

Effective August 1, 2016, the False Claims Act’s (FCA) civil penalty will double.  As it currently stands, the FCA’s civil penalty ranges from $5,500 to $11,000 per violation.  But as of August 1, the FCA’s civil penalty...more

DOJ Announces Dramatic Increase in False Claims Act Penalties

On May 6th, we posted about the possibility that the Department of Justice (“DOJ”) might dramatically increase False Claims Act (“FCA”) penalties after the Railroad Retirement Board (“RRB”) nearly doubled the per-claim...more

Fast Act Implementation: SEC to Allow Summary Section in Form 10-K

On June 1, 2016, the Securities and Exchange Commission issued an interim rule amending Form 10-K to permit the inclusion of a discrete summary of business and financial information contained elsewhere in the annual report....more

Court Clarifies that Brown Act “Cease and Desist” Requirements Apply to Past Actions of a Legislative Body and Awards Costs to...

In 2012, the California legislature amended the remedies available to address violations of the Ralph M. Brown Act. The amendment added section 54960.2 to the Government Code to require that anyone seeking to challenge past...more

US Commodity Futures Trading Commission Issues Supplement Modifying Position Limits Proposal

The CFTC issued for public comment a supplement to the CFTC’s December 2013 position limits proposal. The supplement would permit exchanges to recognize, subject to CFTC review, certain positions in commodity derivative...more

BOEM Call for Hawaii offshore wind interest

U.S. ocean energy managers have asked for information to evaluate industry interest in leasing sites offshore Hawaii for commercial offshore wind development. Under U.S. law, the Bureau of Ocean Energy Management (BOEM)...more

Taiwan Consults on Draft Hazard and Assessment Exposure Guidance

Taiwan’s Ministry of Labor published a Draft Guidance on Hazard and Exposure Assessment for New Chemical Substances for public comment on May 31, 2016. Hazard assessments are applicable to new chemical substances that are...more

CFTC Requests Public Comment on a Rule Amendment Certification Filing by ICE Futures U.S.

The U.S. Commodity Futures Trading Commission (CFTC) seeks comments from the public on a proposed amendment that “would clarify that parties to a block trade may engage in pre-hedging or anticipatory hedging of the position...more

Mine Agency Focuses Attention on Workplace Exams, Diesel Exhaust Exposure

The Mine Safety and Health Administration has rolled out two initiatives: a proposed rule increasing requirements for workplace examinations that, MSHA says, is aimed at curbing injuries, illnesses, and fatalities among...more

Bridging the Week - June 2016 #3

SEC Overturns CBOE Determination That Individual Traders of Two Omnibus Accounts Were Customers Requiring Application of Customer Identification Rule - The Securities and Exchange Commission set aside a determination by...more

Consumer Compliance: Notice and Request for Comment on Proposed Uniform Interagency Consumer Compliance Rating System

On June 9, 2016, the Federal Financial Institutions Examination Council announced that it is seeking comment on proposed revisions to the existing Uniform Interagency Consumer Compliance Rating System (CC Rating System).  The...more

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