Trade Associations

News & Analysis as of

Increased Regulations Spawn New Trade Associations

The 1st Amendment of the Constitution provides for the right of the people to peaceably assemble. Embedded in that right is the freedom of association; the right or ability of people to come together and collectively express,...more

The Final Persuader Rule: What You Need to Know About the New Reporting Requirements

On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more

Employers Face New Reporting Requirements after DOL Issues Final Persuader Rule

On March 23, 2016, the Department of Labor (“DOL”) finalized its long anticipated “persuader” rule, which requires that employers and legal consultants report pay arrangements regarding any attempts to persuade employees,...more

DOL Publishes Final Rule Requiring Employers to Disclose Persuader Agreements

For many years, employers have been able to lawfully avoid certain reporting requirements under the Labor Management and Reporting Disclosure Act which compels the disclosure of agreements with outside...more

Department of Labor Issues Long-Awaited "Persuader Activity" Final Rule

On March 24, 2016, the U.S. Department of Labor (DOL) issued a final rule, 81 Fed. Reg. 15924, that will require employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor...more

FCA Trade Association Roundtable on MiFID II Implementation

On January 6, the Financial Conduct Authority (FCA) held a roundtable (Roundtable) with trade associations to discuss the implementation of the revised and recast Markets in Financial Instruments Directive and the associated...more

National Restaurant Association Challenges Minimum Wage Law

Earlier in 2015, the New York Legislature rejected a proposal to raise the minimum wage to $11.50 in the Big Apple, and to $10.50 in the rest of the state.  Governor Andrew Cuomo utilized his ability to direct the labor...more

Spending Bill Prevents SEC From Requiring Disclosure of Political Contributions

The current version of the spending bill in Congress prevents the SEC from using authorized funds to require disclosure of political contributions. Tucked away on page 1982 of the Consolidated Appropriations Act, 2016 is the...more

Trade association review recommends merger

The Financial Services Trade Associations Review set up by UK banks has recommended creating a new world-class trade association for the industry by bringing together existing associations. ...more

[Event] OSHA Forum & Webinar - Nov. 5th, Houston, TX

BakerHostetler’s inaugural OSHA Forum is designed to keep the regulated community abreast of key OSHA-related issues across the country and inform their members of emerging trends. The Forum also tracks important enforcement...more

Seventh Circuit Reverses Injunctive Relief for Chiropractic Association

On October 1, 2015, the United States Court of Appeals for the Seventh Circuit reversed what was previously regarded as a victory for the Pennsylvania Chiropractic Association. The case, Pennsylvania Chiropractic Association...more

TRID Enforcement – Grace Period or Not?

Earlier this year, on June 3, the Consumer Financial Protection Bureau’s (CFPB) Director responded to Congressional requests for a grace period for enforcement of Truth in Lending Act and Real Estate Settlement Procedures Act...more

Cordray Submits Letter to Trade Associations Regarding TRID Compliance

On October 1, CFPB Director Richard Cordray, on behalf of the FFIEC, responded to correspondence from the American Bankers Association and other trade associations seeking guidance as to their compliance with the Bureau’s...more

Recent Settlements Signal Increased Political Law Enforcement by Government Officials

The U.S. government reached settlements with two federal lobbyist registrants recently in what appears to signal increased enforcement of political activity laws. On August 28, 2015, the U.S. Attorney’s Office for the...more

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims...more

ISDA launches new derivatives product identification standard

ISDA has launched a new industry data project, aimed at developing an open-source standard derivatives product identification system that can be applied consistently and comprehensively across all derivatives facilities. ...more

Flaws and All, CFPB's Arbitration Study Sparks Vigorous Debate over Next Steps in Regulating Mandatory Arbitration Clauses

As expected, the reaction to the Consumer Financial Protection Bureau's (CFPB) arbitration study report, released in March 2015, has been vociferous. All sides of this important debate are loudly proclaiming that their...more

Divided Fourth Circuit Panel Slices Up Twombly in Table Saw Boycott Suit

Last week, a divided three-judge panel of the Fourth Circuit issued a significant decision in a boycott conspiracy case, SD3, LLC v. Black & Decker, No. 14-1746 (4th Cir. Sept. 15, 2015). The suit, at its heart, turns on the...more

Petitioners Coordinate Efforts in Consolidated Appeal of the FCC’s July 2015 Declaratory Ruling and Order

On September 21, 2015, petitioners ACA International, Sirius XM Radio, Inc., Professional Association for Customer Engagement, Inc., salesforce.com inc. and ExactTarget, Inc., Chamber of Commerce of the United States of...more

With Latest Filings, Decision On Preliminary Injunction Motions In Litigation Against BLM Fracking Rule Expected Soon

In June, a Wyoming federal district court temporarily delayed implementation of the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, while it granted the BLM an...more

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

OSHA Testing Joint Enterprise Theory in Wake of NLRB Ruling

Around the same time the National Labor Relations Board (NLRB) issued its controversial and precedent-shattering decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, a franchise...more

TCPA FCC Petitions Tracker

Kelley Drye's Communications Practice Group presents this tracker of active Telephone Consumer Protection Act ("TCPA") petitions before the Federal Communications Commission ("FCC"). With the recent increase in litigation...more

Kissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road

In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of...more

Commission publishes EMIR responses

The Commission has published responses to its consultation on the European Market Infrastructure Regulation (EMIR). The review asked stakeholders for feedback on experiences in the implementation of EMIR to date. It received...more

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