Rulemaking Process

News & Analysis as of

Regulation AB II

The Securities and Exchange Commission today adopted final amendments related to Regulation AB that were first proposed in 2010.1 The changes address the offering process and disclosure and periodic reporting requirements for...more

D.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure

The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some...more

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent...more

Orrick Technology IPO Insights for Q2 2014

Welcome to the inaugural issue of Orrick Technology IPO Insights, a quarterly publication highlighting trends in U.S. information technology company IPOs. We isolate technology companies in order to analyze and present...more

New York Extends Comment Period For BitLicense Proposal

This week, the New York DFS announced the extension of the comment period on its proposal to create a regulatory licensing framework for virtual currency companies, including a so-called BitLicense. Given the “significant...more

FinCEN Proposes More Extensive Customer Due Diligence Obligations

As part of the U.S. Treasury Department’s ongoing efforts to combat all forms of illicit financial activity, from terrorist financing and sanctions evasion to more traditional financial crimes (including money laundering,...more

Comments on SBA's Proposed Rule Regarding Advisory Small Business Size Decisions

Re: Comments on Proposed Rule Regarding Advisory Small Business Size Decisions RIN: 3245-AG59, Docket Number: SBA-2014-7 - Dear Mr. Koppel: We are writing to submit comments regarding the U.S. Small Business...more

Clery Act: 5 points to remember when crunching Clery statistics this year

As we discussed in a previous post, the Violence Against Women Reauthorization Act of 2013 (VAWA) amended the Clery Act to require institutions, among other things, to gather and report statistics for incidents of domestic...more

Your Car Will Be Networked to Every Other Car

Possibly as early as before the end of this decade every new car on the road will be connected to every other new car on the road. Cars may also be connected to traffic signs, traffic signals, smartphones and other devices....more

New Jersey Board of Dentistry Extends Deliberation on the Corporate Practice of Dentistry Rules Until November 3, 2014

On November 6, 2013, the New Jersey Board of Dentistry (the “Board”) published a notice that it received a petition for rulemaking on behalf of the New Jersey Dental Society requesting that the Board adopt rules to establish...more

Revised Draft Rule G-42: MSRB Continues to Fine-Tune Rules Applicable to Municipal Advisors

On July 23, 2014, the Municipal Securities Rulemaking Board (MSRB) issued Regulatory Notice 2014-12 requesting comments on a revised draft of MSRB Rule G-42 on standards of conduct and duties of municipal advisors when...more

CPUC Opens Rulemaking to Incorporate Distributed Energy Resources Into Grid Planning Process for California's Investor-Owned...

On August 14, 2014, the California Public Utilities Commission (“CPUC”) issued an Order Instituting Rulemaking (“Order”) to establish policies, procedures, and rules to guide California investor-owned electric utilities...more

Massachusetts Gaming Commission Receives Final Community Input for Eastern Massachusetts Casino Applications

The Massachusetts Gaming Commission (“Commission”) held two public hearings the week of August 11, 2014 to finalize the comment process before awarding the Boston-area casino license. The Commission held the first hearing...more

OFCCP Proposes "Equal Pay Report" for Contractors to go with EEO-1

The Office of Federal Contract Compliance Programs issued a Notice of Proposed Rulemaking on Friday in response to President Obama's April directive that the agency develop a tool for compensation data collection. The OFCCP...more

A Pending Supreme Court Case and an FCC Rulemaking May Impact How Local Planning Agencies Handle Wireless Facilities

As wireless towers and other facilities continue to sprout at a rapid pace, regulations that balance your community’s needs and those of wireless providers must keep up. Local governments and their planners should watch two...more

OFCCP Will Require Contractors to File Equal Pay Report

Implementing the President's April 2014 Memorandum directing the Department of Labor to develop a data collection tool to advance the goal of pay equity, the Office of Federal Contract Compliance Programs (OFCCP) has...more

Examination of Myriad-Mayo Guidance Comments -- International Bioindustry Associations

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

FDA Declines to Issue Rulemaking for Section 505(b)(2) NDA Therapeutic Equivalence Ratings

On July 23, 2014, the Food and Drug Administration (FDA) issued its response to two citizen petitions submitted by AbbVie Inc. (AbbVie) and Auxilium Pharmaceuticals, Inc. (Auxilium) requesting that FDA initiate...more

OFCCP Releases Proposal Requiring Contractors to Disclose Compensation Data Annually

On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released a Notice of Proposed Rulemaking requiring federal contractors and subcontractors with 100 or more employees to submit an annual equal...more

DOL Proposes Rule Requiring Federal Contractors and Subcontractors to Submit Equal Pay Reports

On April 8, 2014, President Obama issued a Memorandum, “Advancing Pay Equality Through Compensation Data Collection,” in which he instructed the U.S. Department of Labor (DOL) to propose a rule within 120 days to collect...more

EPA Guidance on Pesticide Drift Will Affect Product Registrations

How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory...more

In Flux Eagle Regulations Continue to Impact Industries

Austin associate Brooke Wahlberg’s article “The Curious Problem of Eagles” is featured as one of the lead articles in the Spring 2014 volume of the Texas Environmental Law Journal. The article examines the Bald and Golden...more

Energy Newsletter - August 2014

In This Issue: - Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm - Japan's Pivotal Role in the Global LNG Industry's 50-Year History - Government of Greece to Launch New Licensing...more

"MSRB Actions Regarding Municipal Advisors: Release of Revised Draft Rule G-42 for Comment, and Submission of Proposed Rule G-44...

This mailing is to inform you of the Municipal Securities Rulemaking Board (MSRB) releasing Revised Draft Rule G-42 (setting forth duties of non-solicitor municipal advisors) for public comment, and submitting Proposed Rule...more

Current Ethanol Blending Mandate Generates Interesting Opponents and Forces Delay

An increasingly pitched battle between business and agricultural interests over the blending of ethanol in gasoline has turned its focus to EPA’s rulemaking mandate which sets the minimum volume of renewable fuel sold...more

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