News & Analysis as of

Federal Register Proposed Rules

Morrison & Foerster LLP

FDIC Issues Proposal to Improve Bank Recordkeeping of Fintech Custodial Accounts

On September 17, 2024, the Federal Deposit Insurance Corporation (FDIC) issued a proposed rule (the “Proposed Rule”) intended to strengthen recordkeeping for banks that partner with third-party, non-bank companies to accept...more

Husch Blackwell LLP

Understanding OSHA’s Proposed Heat Safety Regulations

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On July 2, OSHA unveiled its proposed heat safety rule, currently awaiting official publication in the Federal Register. This rule aims to protect employees from heat-related injuries and illnesses by establishing...more

Fenwick & West LLP

SEC’s New Disclosure Rules Impact SPACs and Target Companies

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Almost two years after the publication of proposed rules (the Proposed Rules) on March 30, 2022, the SEC has adopted final rules (the Final Rules) to enhance disclosure and expand liability in initial public offerings by...more

Seward & Kissel LLP

FTC Imposes New Data Breach Notification Requirements

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On October 27, 2023, the Federal Trade Commission (the “FTC”) adopted a final rule (“Final Rule”) to amend the Standards for Safeguarding Customer Information (the “Safeguards Rule”). Among other things, the Final Rule will...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

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The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Lowenstein Sandler LLP

United States Department of Labor Proposes Increased Salary Threshold for Employees to Maintain Exemption From Overtime

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The U.S. Department of Labor (DOL) announced today a notice of proposed rulemaking to raise the salary threshold for “white collar” minimum wage and overtime pay exemptions. The proposed rule would increase the minimum annual...more

McGlinchey Stafford

EEOC Issues Proposed Regulations for Implementation of the Pregnant Workers Fairness Act

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On December 9, 2022, President Biden signed the Pregnant Workers Fairness (PWFA) into law. The Act requires that covered employers provide “reasonable accommodations” to employees as may be necessitated by pregnancy,...more

Paul Hastings LLP

FCC Proposes Major Expansion of Oversight of Foreign Ownership of U.S. Telecommunications Companies

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On April 20, 2023, the Federal Communications Commission (“FCC”) proposed new rules to reshape and significantly expand reporting and FCC review of non-U.S. ownership interests in companies authorized to provide international...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2023 - OMB Proposes Rule to Clarify Buy America Provision for Grants and Agreements

This article provides a brief analysis of the fundamental changes and clarifications to the Buy America requirements for federally-funded infrastructure projects that are currently proposed by the Office of Management and...more

Vinson & Elkins LLP

Securitizing Without Conflicts – Proposed SEC Rulemaking

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On January 25, 2023, the SEC reproposed its 2011 proposed rule to prohibit certain securitization participants from engaging in transactions that present conflicts of interest vis-à-vis ABS investors. This note answers a...more

Davies Ward Phillips & Vineberg LLP

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses

The United States Federal Trade Commission (FTC) recently issued a proposed rule that, if adopted, would broadly prohibit employers from entering into post-employment non-compete agreements with workers, and would also...more

McGlinchey Stafford

FTC Proposes Rule Prohibiting Employer Non-Compete Agreements

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On January 5, 2023, the Federal Trade Commission (FTC) followed up on President Biden’s July 9, 2021 Executive Order requesting a broad ban on employer non-compete agreements. The proposed rule, based on the proposition that...more

Morrison & Foerster LLP

FTC Proposes Sweeping Ban of Employee Non-Competes

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule broadly seeking to ban non-compete agreements with nearly all U.S. workers, with only limited exceptions. The proposed rule would: •make it...more

Stevens & Lee

FTC Proposes Banning and Rescinding Worker Non-Competes

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On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a proposed rule that would prohibit nearly all non-compete clauses between employers and workers going forward and would also require employers to promptly...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: FTC proposes to outlaw nearly all covenants not to compete in employment context

The new year is off to a roaring start in the field of employment law, with a massive—and unexpected—possible change to the law of restrictive covenants, thanks to a newly proposed federal regulation. Today, the U.S....more

Vinson & Elkins LLP

Proposed Amendments to the Federal Acquisition Regulation —Greenhouse Gas Emissions and Climate-Related Financial Risks

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The Federal Acquisition Regulatory Council (“FAR Council”) published a proposed rule in the Federal Register on November 14, 2022, that would create several significant compliance obligations for federal contractors....more

Constangy, Brooks, Smith & Prophete, LLP

Laboring on without a House – unions and their allies have plenty of “workarounds”

The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 31, Number 43. Proposed Part 2 Rule Brings It Closer to HIPAA, Including Enforcement,...

A proposed HHS regulation on the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 C.F.R. Part 2 would bring it further in line with HIPAA, which is somewhat of a double-edged sword, attorneys say....more

Lowenstein Sandler LLP

SEC Proposes Rule Requiring Service Provider Due Diligence and Monitoring by Registered Investment Advisers

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On October 26, the Securities and Exchange Commission (SEC) issued a rule release (Release) that proposed new and amended rules (Proposed Rule) under the Investment Advisers Act of 1940, as amended (Advisers Act)....more

Morrison & Foerster LLP - Government...

White House Announces Federal Supplier Climate Risks And Resilience Rule

The Biden Administration unveiled details regarding a forthcoming proposed Federal Acquisition Regulation (FAR) rule on Greenhouse Gas (GHG) emission disclosures for major federal suppliers on November 10, 2022....more

Fox Rothschild LLP

DOL Proposed Rule Moves Revised Employee/Independent Contractor Classification Framework Forward

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On October 13, 2022, a new proposed rule promulgated by the U.S. Department of Labor (the “DOL”) in connection with the classification of employees and independent contractors will be published in the Federal Register and on...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Tightens the Screws on Contractor Classification

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

Wiley Rein LLP

FCC Seeks Comment on Proposed Rules for Blocking Illegal Robotexts

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On September 27, 2022, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal that would require mobile wireless providers to block illegal text...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Spring 2022 Unified Agenda of Regulatory/Deregulatory Actions: Projected U. S. Environmental Protection Agency Activities

The United States Environmental Protection Agency (“EPA”) released the Spring 2022 Semiannual Agenda of Regulatory and Deregulatory Actions (“Agenda”) in an August 8th federal register notice. See 87 Fed. Reg. 48332...more

ArentFox Schiff

Physician Fee Schedule Proposed Rule for 2023 Released: What Pharmaceutical Manufacturers Need To Know

ArentFox Schiff on

The Centers for Medicare & Medicaid Services (CMS) calendar year 2023 rule proposing changes to payment policies under the Physician Fee Schedule (PFS) and Medicare Part B (the Proposed Rule) will officially be published in...more

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