Recordkeeping Requirements

SEC Targets Another Fund Board in Recent Enforcement Case

by Catherine Botticelli, Stephanie Capistron, Christopher Harvey, Emily Shea | Dechert LLP on 5/23/2013

The U.S. Securities and Exchange Commission (“SEC”) recently issued an Order Instituting Proceedings (“Order”) against the administrator and compliance services provider, as well as current and former members of the boards of...more

Enterprise Risk Management: The benefits of online policy and procedure management systems

by NAVEX Global on 5/22/2013

ABSTRACT - Operational inefficiencies, sub-optimal patient care, financial losses and missing or ineffective sanctions for non-compliance are all potential outcomes that can stem from passive policy and procedure management....more

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

by Jay Nanavati | BakerHostetler on 5/21/2013

On May 13, 2013, the Supreme Court denied a taxpayer’s petition for certiorari regarding the Seventh Circuit’s August 27, 2012, decision applying the Required Records Exception to override the taxpayer’s Fifth Amendment...more

Act Now Advisory: New York City Paid Sick Time Law Will Likely Become Effective

by Anna A. Cohen, Jeffrey M. Landes, William J. Milani, Ian Gabriel Nanos, Susan Gross Sholinsky, Dean L. Silverberg | Epstein Becker & Green, P.C. on 5/17/2013

On May 8, 2013, the New York City Council approved a legislative amendment that would create a statutory entitlement to sick time for employees working in New York City. The amendment, entitled the "Earned Sick Time Act"...more

California Fair Claims Settlement Practices Regulations

by Bruce Celebrezze, Marilyn Klinger | Sedgwick LLP on 5/13/2013

Table of Contents: Introduction; PART ONE - Summary of Fair Claims Settlement Practices Regulations; Introduction; Claims Handling Duties; Acceptance or Rejection of Claims; Settlement Offers and Payment of Accepted...more

SEC Settles with Service Providers and Trustees of two Mutual Fund Trusts for Inaccurate Disclosures Regarding Section 15(c)...

by Ropes & Gray LLP on 5/7/2013

On May 2, 2013, the SEC filed an order instituting settled administrative proceedings against the trustees (“Trustees”) and certain service providers of two “turnkey” open-end series investment companies, Northern Lights Fund...more

CEQA Reform: The Cure May Be Worse Than The Disease

by Marc Bruner, Julie Jones, Barbara Schussman | Perkins Coie on 4/30/2013

According to the author’s April 23, 2013 press release, the amended version of Senate Bill 731 is a “comprehensive reform” of CEQA, “modernizing the law to aid California’s economic growth.” But a close review shows that the...more

Department Of Labor To Increase Frequency Of FMLA On-Site Investigations

by Jeff Nowak | Franczek Radelet P.C. on 4/25/2013

For employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same....more

New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

by Nicholas Bentley, Meghan Burke, Charles Carey, Steve Ganis, Gregory Sandomirsky, Len Weiser-Varon | Mintz Levin - Public Finance on 4/18/2013

Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to...more

CFTC Staff Issues No-Action Letters

by Kevin M. Foley, Ross Pazzol, Adam J. Spector | Katten Muchin Rosenman LLP on 4/16/2013

Commodity Futures Trading Commission staff recently released three no-action letters providing relief relating to swap data reporting requirements with respect to trade options, inter-affiliate swaps and real-time reporting...more

CFTC Staff Issues No-Action Letters

by Blake Brockway, Kevin M. Foley | Katten Muchin Rosenman LLP on 4/10/2013

The Commodity Futures Trading Commission staff recently released a series of letters relating to a variety of regulatory issues, including registration relief for certain entities and recordkeeping requirements for certain...more

"CFTC No-Action Letter Relieves End-Users of Part 45 Reporting for Trade Options"

by Maureen A. Donley, Erik Elsea, Theodore M. Kneller, Daniel S. Konar II, Mark D. Young | Skadden, Arps, Slate, Meagher & Flom LLP on 4/8/2013

On April 5, 2013, the Commodity Futures Trading Commission’s (CFTC) Division of Market Oversight (DMO) provided end-users no-action relief (the No-Action Letter) from certain “trade option” reporting and recordkeeping...more

CFTC No-Action Letter Allows Most End Users To Report All Trade Options On Annual Aggregate Basis

by Nate Endrud | Leonard, Street and Deinard - Dodd-Frank and... on 4/8/2013

The CFTC Division of Market Oversight (DMO) has issued a no-action letter that will allow most swaps end users to report all trade options on an annual aggregate basis. Trade options are commodity options (which include some...more

Loan Originator Compensation: New Rules

by Jonathan Foxx on 4/3/2013

On January 24, 2013, as the last of the Final Rules of the Consumer Financial Protection Bureau (CFPB) rolled out, I offered an outline of all of them, entitled "CFPB's Gang of Seven (Final Rules)".* I listed them in...more

CFTC’s Division Of Swap Dealers Issue Time-Limited No-Action Relief

by Felix Shipkevich | Shipkevich PLLC on 4/2/2013

The CFTC’s Division of Swap Dealer and Intermediary Oversight (DSIO) has issued a time-limited no-action relief for swap dealers and major swap participants. The no action relief concerns certain recordkeeping obligations...more

Changes To Proposed Investment Adviser Legislation

by David Jenson | Leonard, Street and Deinard - Dodd-Frank and... on 4/1/2013

We previously reported that there was proposed legislation making its way through the Minnesota legislature that contained a number of amendments to the securities laws relating to investment advisers and applying a new layer...more

Recordkeeping Part II

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 4/1/2013

Who, What, Why . . . Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the...more

Airline Management Newsletter - March 2013

by Lilia Bell, Linda Cavanna-Wilk, Doug Hall, Sarah Pierce Wimberly | FordHarrison on 3/29/2013

In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more

Regulatory Reminder: CVAA Compliance Certifications due April 1

by Douglas Svor, Brian Weimer | Sheppard Mullin Richter & Hampton LLP on 3/27/2013

Following up on an important FCC Law Blog item, entities subject to the Twenty-First Century Communications and Video Accessibility Act (“CVAA”) should be aware that the April 1, 2013 deadline to electronically file the first...more

Healthcare Law -- Mar 25, 2013

by Manatt, Phelps & Phillips, LLP on 3/26/2013

In This Issue: What Does the ACA Mean for Employers?; Manatt’s Attorneys Honored for Exceptional Client Service; and Manatt Health Solutions Expands Our Talent Base to Support Your Growing Range of Challenges....more

Protection and Goodwill – Documenting Charitable Contributions in the Eyes of the IRS

by Deborah Tellier | Farella Braun + Martel LLP on 3/26/2013

April 15th is just around the corner, and every year clients ask us what paperwork is needed to document charitable contributions. As a reminder, the IRS allows you to deduct up to 50% of your adjusted gross income donated...more

Virginia Enacts Nation’s First Biosimilar Substitution Law

by Joy Liu | Ropes & Gray LLP on 3/26/2013

On March 21, 2013, Virginia governor Bob McDonnell signed into law the nation’s first state law concerning substitution of biosimilars. The law’s requirements that pharmacists keep records of substitutions, give notice of...more

Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required...

by Nicholas J. Nastasi, Matthew Smith | Saul Ewing LLP on 3/25/2013

The Eleventh Circuit recently joined the Fifth, Seventh, and Ninth Circuits in holding that subpoenaed foreign financial records properly fall within the Required Records Exception to the Fifth Amendment privilege against...more

Reminder: Deadline for Obtaining CFTC Interim Compliance Identifier for Parties Trading in Swaps

by Jeffrey D. Collins, Robert Sawyer | Foley Hoag LLP on 3/22/2013

On March 15, 2013, the Commodity Futures Trading Commission’s Division of Market Oversight and Office of Data and Technology issued an advisory, reminding all swap market participants of the imminent deadline to comply with...more

PA Child Labor Act Modernizes And Clarifies Work Hour Restrictions for Minors In Time For Summer Hiring Season

by Jodi M. Frankel | McNees Wallace & Nurick LLC on 3/21/2013

With spring upon us and warmer temperatures hopefully just over the horizon, many employers are beginning to recruit high school students for after-school and summer employment. When doing so, employers must be aware of...more

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SEC Targets Another Fund Board in Recent Enforcement Case

Enterprise Risk Management: The benefits of online policy and procedure management systems

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

Act Now Advisory: New York City Paid Sick Time Law Will Likely Become Effective

California Fair Claims Settlement Practices Regulations

SEC Settles with Service Providers and Trustees of two Mutual Fund Trusts for Inaccurate Disclosures Regarding Section 15(c)...

CEQA Reform: The Cure May Be Worse Than The Disease

Department Of Labor To Increase Frequency Of FMLA On-Site Investigations

New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

CFTC Staff Issues No-Action Letters

CFTC Staff Issues No-Action Letters

"CFTC No-Action Letter Relieves End-Users of Part 45 Reporting for Trade Options"

CFTC No-Action Letter Allows Most End Users To Report All Trade Options On Annual Aggregate Basis

Loan Originator Compensation: New Rules

CFTC’s Division Of Swap Dealers Issue Time-Limited No-Action Relief

Changes To Proposed Investment Adviser Legislation

Recordkeeping Part II

Airline Management Newsletter - March 2013

Regulatory Reminder: CVAA Compliance Certifications due April 1

Healthcare Law -- Mar 25, 2013

Protection and Goodwill – Documenting Charitable Contributions in the Eyes of the IRS

Virginia Enacts Nation’s First Biosimilar Substitution Law

Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required...

Reminder: Deadline for Obtaining CFTC Interim Compliance Identifier for Parties Trading in Swaps

PA Child Labor Act Modernizes And Clarifies Work Hour Restrictions for Minors In Time For Summer Hiring Season

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