Transparency

News & Analysis as of

Consumer Outlooks on Privacy

Privacy is a social norm, sometimes captured in laws and regulations, which sets limits on the collection, protection, processing, and deletion of personal information. As has become increasingly clear in recent years,...more

Senate Health Committee Seeks Expert Feedback on Draft Health Information Technology Bill

On January 20, 2016, the U. S. Senate Committee on Health, Education, Labor and Pensions released this draft bipartisan bill for staff discussion, which seeks to improve health information technology, including electronic...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - FINRA’s Proposed Pay-to-Play Rule Will Impact Investment Advisers - Late last year (December 24, 2015), the Financial Industry Regulatory Authority (FINRA) submitted a proposed rule to the U.S....more

2015 Corruption Perceptions Index, a Vital Anti-Bribery Compliance Tool, Highlights Global Corruption Risks for Corporations

On January 27, 2016, Transparency International released its 2015 update to its annual “Corruption Perceptions Index” (“CPI”), a vital resource for corporate anti-corruption compliance efforts. The 2015 CPI rates 168...more

Global Focus on Anti-Corruption Continues: Transparency International Releases Corruption Perceptions Index 2015

On January 27, 2016, Transparency International published its Corruption Perceptions Index (CPI) for 2015. The 2015 edition ranks 168 countries based on the perceived level of corruption in the country’s public sector....more

Thirteen Ways to Contain Health Care Costs in Massachusetts: The Health Policy Commission Issues Its 2015 Report and...

In 2012 Massachusetts adopted the most recent in a series of comprehensive legislative approaches to health care reform, Chapter 224 of the Acts of 2012 (Chapter 224), which focused especially on addressing the drivers of...more

Going Native? Part 2: The FTC’s Native Advertising Guide for Businesses – The Why, When and How of Effective Disclosures

At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen...more

UK Companies Must Disclose Beneficial Owners

From April 2016, UK companies will be required to maintain a publicly available register of people who have “significant control” over them. This new register is part of a wider movement to increase transparency around who...more

The Modern Slavery Act 2015 and Supply Chain Transparency

The Modern Slavery Act 2015 is new legislation introduced in the UK with the intention of combatting slavery and human trafficking. Continuing the trend for legislation to have extra-territorial reach, as illustrated by the...more

UK Financial Regulatory Developments - January 2016 #7

PERG releases 2015 annual report - PERG has published its 2015 annual report into disclosure and transparency practices for the largest private equity-backed portfolio companies in the UK. It provides a summary of the...more

The New U.K. Ownership and Control Transparency Regime (The PSC Regime)

If you read one thing... - U.K. corporates required to identify and record identities (including home addresses) of 25%+ holders of economics/votes/control (“PSCs”) – exclusion for most U.K. listed issuers. ...more

SEC Extractive Industry Transparency Requirements Move Forward

On December 11, 2015, the Securities and Exchange Commission (“SEC”) issued a new proposed rule to implement a key provision of the Dodd-Frank Act that targets corruption and increases transparency requirements for payments...more

SFTR and the Commodities Market – What will the impact be?

The Regulation on Transparency of Securities Financing Transactions (SFTR) was published in the Official Journal on 23 December 2015 and entered into force on 12 January 2016. At first glance it might appear that the...more

The FCPA Risks of Teaming in the Defense Industry

As reported in the December 25, 2015 New York Times (NYT) article, “U.S. Foreign Arms Deals Increased Nearly $10 Billion in 2014,” “foreign arms sales by the United States jumped by almost $10 billion in 2014, about 35...more

EU Publishes Regulation Regarding REACH Joint Submission of Data and Data Sharing

On January 6, 2016, the European Union (EU) published its Commission Implementing Regulation (EU) 2016/9 regarding the joint submission of data and data sharing under the Registration, Evaluation, Authorization and...more

PCAOB Adopts Audit Engagement Partner Disclosure

On December 15, 2015, the Public Company Accounting Oversight Board (PCAOB) continued its pursuit of providing investors with improved audit transparency and audit accountability by adopting new rules requiring auditors to...more

United States Challenges Chinese Tax Exemptions for Aircraft at the WTO

On December 8, the United States launched a dispute (DS501) at the World Trade Organization (WTO) regarding tax exemptions on certain Chinese-produced aircraft. The United States has requested consultations with China, which...more

SURPRISE!!! The NJ Out-of-Network Consumer Protection, Transparency, Cost Containment, and Accountability Act Goes Forward and...

On November 17, 2015, New Jersey lawmakers forged ahead with the controversial legislation that addresses, among other things, “surprise” medical bills from out of network providers. According to its sponsors, the purpose of...more

Swarming Regulation of Personal Data in the US Tech Sector

Sectoral regulation of privacy and information security in the United States has created a complex system for tech innovation, because new products and services transcend the traditional sectoral boundaries and because...more

SFT Regulation Comes into Force on January 12, 2016

On January 12, the Regulation on Reporting and Transparency of Securities Financing Transactions will come into force (“the SFT Regulation”). Securities financing transactions (“SFTs”) allow market participants to access...more

SFTR published in OJEU

The Regulation on transparency of securities financing transactions (SFTR), which creates a framework under which details of securities financing transactions (SFTs) can be efficiently reported to trade repositories and...more

PCAOB Adopts New Rules Requiring Disclosure of Participants in an Audit

On December 15, 2015, the Public Company Accounting Oversight Board (PCAOB) adopted new rules and related amendments to auditing standards (Rules) to provide investors with more information about who participates in public...more

LOOKING BACK TO MOVE FORWARD: Need to Balance Trade Secret Protection and Judicial Transparency Remains Ten Years After Federal...

Ringing in the New Year provides a unique opportunity to reflect on the past and look ahead to the future. This mirrors the day-to-day reality for legal practitioners: the future is shaped by precedent from the past. And in...more

(Un)COOL: How Congress (Unsuccessfully) Made Sausage Labeling Laws

Crises averted in international trade usually make good economics, but unsatisfying politics. They’re a half-loaf of success in which positioning, inertia and self-interest usually win. So it is with the recent repeal of meat...more

International Arbitration Newsletter - January 2016

UNCITRAL’s Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) present challenges to manage the costs of compliance while avoiding the consequences of non-compliance. Transparency in...more

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