News & Analysis as of

Certifications

FTC Seal of Disapproval for “Selfie” Certification Marks

by Dorsey & Whitney LLP on

For many years, consumers have relied on certification marks like the Good Housekeeping Seal of Approval and the UL logo as an assurance of product quality. Administered by independent organizations, consumers reasonably...more

Apple, Fitbit Join Pilot Program to Quicken FDA Regulatory Review

by Knobbe Martens on

On September 26, 2017, the FDA announced that it has chosen nine tech companies to participate in a pilot program (FDA Pre-Cert) to help tech companies bypass some regulations that have hindered health software and products...more

Medical Board of California Adopts New Regulations for Midwife Assistants

by Nossaman LLP on

On September 21, 2017, the Medical Board of California adopted new regulations related to the training of midwife assistants, the administration of midwife assistant training, and the requirements for approved, midwife...more

Financial Regulatory Observer - September 2017: Cybersecurity: Regulators show their teeth

by White & Case LLP on

New formal cybersecurity standards covering US financial institutions could have ramifications that reach far beyond New York. US regulators usually issue cybersecurity guidance instead of regulator standards and...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

[Event] LPM Certification Workshop - October 19th-20th, New York, NY

by LawVision Group LLC on

The LPM Institute and LawVision Group are offering their popular two-day Legal Project Management Certification Workshop, one of the only legal-specific certification courses available, in October 19th & 20th in New York....more

OSHA Proposes To Extend Crane Operator Certification Requirement

by Jackson Lewis P.C. on

In 2010 OSHA promulgated a final rule regulating cranes and derricks in the construction industry, Cranes and Derricks in Construction, Subpart CC (29 C.F.R. 1926.1400, et al.). Shortly after the final rule was issued OSHA...more

Second Circuit Upholds Denial of CWA Certification Where Applicant Failed to Submit Requested Information

The U.S. Court of Appeals for the Second Circuit, in the case of Constitution Pipeline Company, LLC v. New York Department of Environmental Conservation, et al. (released August 18, 2017), rejected the Constitution Pipeline...more

Sixth Circuit: Technical Physician Signature Deficiencies not "Material" to Reimbursement Claims

by Jones Day on

The District Court for the Middle District of Tennessee held on June 22, 2017, that the timing requirements related to a physician's certification of need for home health services were not "material" to the Centers for...more

RAMP Certification Requirements: Expanded Enforcement Looming

As a result of the new laws enacted last year, anyone who serves or sells alcoholic beverages in Pennsylvania must be RAMP certified.  A Pa.L.C.B. e-mail advisory clarified these new laws.  Under the Pa.L.C.B. advisory,...more

FERC Staff Questions Wind Farms on Calculation of PURPA’s One-Mile Rule

On June 9, 2017, Beaver Creek Wind II, LLC and Beaver Creek Wind III, LLC (together, “Beaver Creek”) responded to a deficiency letter from the Federal Energy Regulatory Commission (FERC or the “Commission”) staff seeking...more

OSHA Delays Crane Operator Certification Deadline

by Jackson Lewis P.C. on

The compliance date for an Occupational Safety and Health Administration rule requiring construction crane operators be certified by a third-party evaluator and designated as “qualified” will be delayed, the agency announced...more

CMS changes the SRDP process effective June 1, 2017

by Thompson Coburn LLP on

If you are in the process of drafting a SRDP submission, you must use the new SRDP forms or risk CMS not accepting the disclosure into the protocol. Effective June 1, 2017, the Centers for Medicare and Medicaid Services’...more

How will the Senior Managers and Certification Regime affect Consumer Credit firms

by Locke Lord LLP on

Background - In late 2015 the FCA announced that it was to abolish the Approved Persons regime and extend the Senior Managers and Certification Regime (SM&CR) currently in place for banks, building societies, credit...more

UK Banking Standards Board Publishes Fitness and Propriety Assessment Principles

by Shearman & Sterling LLP on

The Banking Standards Board has published the Statement of Good Practice 1 on the Certification Regime: fitness and propriety assessment principles and Supporting Guidance for the Statement of Good Practice. The BSB was...more

One of a Kind: NYDFS Cyber Rule Finalized, Effective March 1, 2017

by Morrison & Foerster LLP on

The closely watched New York State Department of Financial Services (NYDFS) cybersecurity standards for covered financial institutions are now final and take effect March 1, 2017 in less than a week. The final rule largely...more

The Senior Managers and Certification Regime: An Introduction for Private Equity Firms

by Hogan Lovells on

The Senior Managers and Certification Regime (SMCR) is a regime which governs the appointment and conduct of senior and key personnel at impacted firms. For banks, building societies and PRA-authorised investment firms, the...more

OIG Report Indicates Areas of Hospice Fraud Vulnerability and Issues a Warning to Hospice Providers

by Ruder Ware on

The HHS Office of Inspector General recently released a report indicating deficiencies in hospice election statements and physician certification of patient eligibility for hospice care. Medicare hospice care provides help...more

Commercial Lease Alert: New Access Law Disclosure Requirements In Leases Effective January 1, 2017

Under current California law, commercial real property owners are required to state in every lease agreement whether the property leased has undergone inspection by a Certified Access Specialist (“CASp”) and, if so, whether...more

Make Sure Your Judgment Or Order Is Final and Appealable

No judgment is final and appealable in Arizona state courts unless it contains a certification, either under Rule 54(b) or Rule 54(c) of the Arizona Rules of Civil Procedure. This is important because the clock will not...more

The Fall Version of The eDiscovery Business Confidence Survey Has a Canadian Influence: eDiscovery Trends

by CloudNine on

With everything else we’ve been covering, we’ve been remiss to mention that it’s time for another round of the quarterly eDiscovery Business Confidence Survey created by Rob Robinson and conducted on his terrific Complex...more

ISO 37001: Answers to the 5 Questions We’ve Heard Most About the Standard

by NAVEX Global on

It’s been a month since ISO 37001 was published and there are some questions we have heard percolating in the compliance world about what this means. These are the questions we’ve been hearing the most...more

Why Affixing A Secretary’s Certificate Might Protect The Innocent

by Allen Matkins on

Transactional lawyers are used to obtaining officers’ certificates to back up their opinions or to deliver to the other party pursuant to a purchase or sale agreement. I wonder, however, how many buyers or secured lenders...more

Guidelines for Privacy Certifications and Trustbrands

by Bryan Cave on

Privacy certifications, or “trustbrands,” are seals licensed by third parties for organizations to place on their homepage or within their privacy policy. The seals typically state, or imply, that the organization which has...more

When “Organic” is Not “Organic,” Even When the USDA Says It Is

by Barley Snyder on

Producers of agricultural products go to great lengths to achieve the U.S. Department of Agriculture’s “organic” label. Under the USDA’s National Organic Program (NOP), organic certification is a complex time-consuming...more

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Cybersecurity

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