Transparency

News & Analysis as of

SEC Adopts Additional Rules Related to Security-Based Swap Transaction Reporting

On July 13, 2016, the Securities and Exchange Commission adopted rules focused on greater transparency in security-based swap transactions, relying on mandates in the Dodd-Frank Wall Street Reform and Consumer Protection Act....more

CMA Taking Increasingly Intrusive Approach To Monitoring UK Deals

Since its launch in April 2014, the Competition and Markets Authority (CMA) has played a crucial role in determining the outcome of some of the UK’s headline deals. Last year alone, the CMA scrutinised over 60 deals including...more

White House Releases National Privacy Research Strategy

On July 1, James Kurose, the Assistant Director for Computer and Information Science and Engineering Directorate at the National Science Foundation, and Keith Marzullo, the Director of the National Coordination Office for...more

Colorado jumps into student data privacy protection with new privacy law

The recognized trend in data privacy is that those collecting or storing personally identifying information (“PII”) are required to safeguard and protect that information. The requirement to safeguard and protect data extends...more

FCA Proposals to Extend Reporting Requirements for Non-EU AIFMS

The FCA recently released its quarterly consultation Paper (No. 13) which is published to consult on amendments the FCA Handbook. One of the proposed changes relates to the transparency reporting requirements for alternative...more

Manatt on Health Reform: Weekly Highlights - July 2016 #2

The President voices support for a public option; Vermont selects a Medicaid ACO; and Alabama ends enhanced primary care reimbursements....more

Blog: Center for Audit Quality provides tool to help audit committees assess non-GAAP financial measures

The Center for Audit Quality has released a new tool, Questions on Non-GAAP Measures: A Tool for Audit Committees, to help audit committees cope with non-GAAP financial measures (NGFMs). Rather than provide a checklist, the...more

Federal Freedom of Information Act (“FOIA”) Amendments Seek to Increase Transparency and Streamline Process

On June 30, 2016, President Obama signed the FOIA Improvement Act, amendments to the Freedom of Information Act (“FOIA”) designed to improve the agency FOIA response process and limit the types of documents the federal...more

Big Brewers Hopping on the Transparency Train

Transparency is a hot topic in the food world these days. The U.S. Food and Drug Administration (FDA) recently finalized an update to the nutrition facts panel for packaged foods. The U.S. Senate last week advanced a bill...more

Some Much Needed Transparency Required on Liquidating Trustees, Liquidating Trusts, Plan Documents, and Other Post-Confirmation...

We at The Bankruptcy Cave applaud the recent ruling by Judge Whipple of the Bankruptcy Court for the Northern District of Ohio, seeking to make the post-confirmation parties, processes, and procedures far more transparent. In...more

Three Questions with Former Senate Majority Leader Tom Daschle (D-SD), Founder and CEO of The Daschle Group, a Public Policy...

1. As we head into a new Administration and the new Congress, what do you see as the opportunities and challenges for the Affordable Care Act? The Affordable Care Act (ACA) is much greater than a single legislative action....more

Rolling the Dice on Industrial Relations: Can the Government Implement its Reform Package?

Your Excellency … I am able to advise that all conditions for a double dissolution have been met with respect to two parcels of legislation: the Building and Construction Industry (Improving Productivity) Bill 2013 and...more

Securities and Exchange Commission Issues New Rule on Extractive Industry Transparency

On June 27, the Securities and Exchange Commission (“SEC”) issued a new rule requiring extractive sector companies (oil, gas, and mining) to disclose the payments that they make to governments for the commercial development...more

BIS Revises Penalty and Settlement Guidance

On June 22, 2016, the Bureau of Industry and Security (“BIS”) revised its guidance regarding administrative enforcement cases for violations of the Export Administration Regulations (“EAR”), other than those related to...more

UK Financial Regulatory Developments - July 2016 #4

BoE publishes SRFRR group minutes - BoE has published the minutes of the May meeting of the working group on Sterling Risk-Free Reference Rates (SRFRR). Among the issues discussed was a set of principles to facilitate...more

Federal Government Sued Over Emergency Physician Reimbursement Policy

Emergency physicians have long alleged that health insurance companies are unfairly and inconsistently setting low out-of-network reimbursements for emergency care, and now they are imploring the federal government to do...more

President Signs Freedom of Information Act Reforms

Obtaining government documents through the Freedom of Information Act (FOIA) should become somewhat easier under a law signed by President Obama on June 30, 2016. The law, known as the FOIA Improvement Act of 2016 (S. 337),...more

CAQ Issues Non-GAAP Tool for Audit Committees

As has been widely reported, in recent months the Securities and Exchange Commission has raised concerns about the use of non-GAAP measures by public reporting companies, through public speeches, revised compliance guidance...more

California Governor Announces Deal to Remove Regulation of Lyft, Uber from PUC

On June 27, 2016, California Governor Jerry Brown, Senator Jerry Hill, Senator Mark Leno, and Assemblymember Mike Gatto announced a blockbuster agreement to transfer oversight of ride-sharing companies such as Uber and Lyft...more

Update of the Luxembourg transparency rules

Luxembourg finally implements the Transparency Amending Directive. In line with the Directive, the Transparency Act 2008, amongst others: - reinforces rules on the disclosure of major shareholdings, including a new...more

Open Wide: FOIA Reform Expands Public Access to U.S. Government Information

On June 30, 2016, President Obama signed the bipartisan Freedom of Information Improvement Act of 2016 (S. 337). The bill most notably requires that the government operate under a “presumption of openness” in federal law and...more

Global Trends and Business Ethics

The following is part one of a two-part guest post by Alison Taylor and James Cohen. 2016 is only half-complete, but it’s already been a pivotal year in ethics and compliance. The Panama Papers and Unaoil data leaks...more

Your daily dose of financial news - The Brief – 7.5.16

Even with US markets shrugging off the Brexit [maybe?] by the end of last week, the effects of the split are FAR from over. One recent ripple: Standard Life Investments UK Real Estate mutual fund—which invests in high-end...more

Manatt on Medicaid: Transparency and Decision Support for Medicaid Managed Care Consumers

Editor's Note: This "Manatt on Medicaid" is the eighth in a series of updates focused on CMS's new Medicaid/CHIP managed care regulations. In the coming weeks, Manatt will be exploring key provisions of the regulations and...more

Brazil’s eSocial—Is Your Company Ready for Compliance by September?

The Brazilian government has developed a groundbreaking unified electronic platform for mandatory reporting of employee data, payroll data, health and safety records, and tax information. The program, “eSocial,” will...more

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