The United States Department of Health and Human Services (HHS) has filed court pleadings stating that it does not intend to initiate enforcement actions against plans that maintain copay accumulator programs....more
After we published a post about the Eleventh Circuit’s decision to narrow the scope of the nationwide preliminary injunction of the government contractor vaccine mandate, the government announced that, for the time being, it...more
The Department of Labor (DOL) recently announced that it will not enforce its own rule on investment duties under ERISA. The rule makes it more difficult for investment fiduciaries to consider environmental, social,...more
On March 10, 2021, the U.S. Department of Labor (“DOL”) released an enforcement policy statement indicating that the DOL will not enforce the Trump Administration’s recent amendments to the DOL’s longstanding investment...more
On June 29, 2020, the EPA issued an Addendum to its March 2020 COVID-19 Temporary Enforcement Policy (“Policy”) announcing that the Policy will terminate in its entirety on August 31, 2020. The Addendum also indicates that,...more
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in response to the continuing threat posed by the coronavirus (COVID-19) pandemic. Among other provisions,...more
The Consumer Financial Protection Bureau (the “CFPB”) released a Policy Statement outlining the responsibilities of credit reporting companies and furnishers during the COVID-19 pandemic. As lenders continue to offer...more
Eight of the ten U.S. states with beverage container redemption programs have temporarily suspended enforcement actions against retailers for failing to accept empty beverage containers for redemption under so-called "bottle...more
Congress enacted the Families First Coronavirus Response Act (FFCRA) on March 18, 2020. The FFCRA includes provisions that require employers to provide employees with paid sick or family leave for specified reasons related to...more
The Internal Revenue Service (IRS) has just announced a "sweeping series of steps" to help taxpayers address the challenges of COVID-19 related issues. The IRS "People First Initiative," announced Wednesday March 25, 2020,...more
On March 24, 2020, the staff of the Division of Corporation Finance, the Division of Investment Management, and the Division of Trading and Markets (together, the “Staff”) published Staff Statement Regarding Rule 302(b) of...more
Some of them, anyway. NOTE FROM ROBIN: This was originally published as a legal bulletin on March 25. On Tuesday, the U.S. Department of Labor published three pieces of guidance on the Families First Coronavirus Response...more
On March 24th, the U.S. Department of Labor (DOL) published summaries of employee rights and employer obligations under the Families First Coronavirus Response Act (FFCRA) on the DOL’s COVID-19 and the Workplace website. Also...more
As we told you on March 22, 2020, the Department of Treasury (DOT), Internal Revenue Service (IRS), and Department of Labor (DOL) announced plans to provide some relief for small and midsize employers in light of the recently...more
On March 18, 2020, President Donald Trump signed the Families First Coronavirus Response Act (the “Act”). The Act will take effect on April 2, 2020 and will sunset on December 31, 2020. The Department of Labor (“DOL”) and...more
The U.S. Department of the Treasury, the Internal Revenue Service, and the U.S. Department of Labor issued a joint communication on Friday about the Families First Coronavirus Response Act. For the first 30 days after the...more
In statements released on April 7, 2017, the acting chairman of the Securities and Exchange Commission (SEC), Michael S. Piwowar, and the SEC's Division of Corporation Finance provided welcome news to companies concerning the...more
The U.S. Food and Drug Administration (FDA) recently announced that the Agency is lifting its enforcement discretion over high-risk laboratory developed tests (LDTs). The FDA’s “LDT Guidance” was reviewed in detail in my...more
Renewed Call for Investment Adviser User Fees - As we reported in previous editions of our Investment Management Newsletter, various persons have proposed that a user fee be imposed on SEC registered investment...more
Non-Enforcement Matters - SEC Focused on Compliance Programs - SEC Beefing Up its Risk and Examinations Office - SEC Guidance on Valuation of Portfolio Securities - Affiliated Exchange-Traded Funds May...more
Non-Enforcement Matters: - No Rush to Advertise by Hedge Funds - Updated Guidance From the SEC - Results of Dodd-Frank Legislation on Investment Adviser Registration Numbers Enforcement Matters: ...more
Non-Enforcement Matters - SEC to Monitor Fund Performance Claims - Suit Against Exchange Traded Funds’ Investment Adviser Dismissed - Counterparty Risk Management Practices for Mutual Funds. ...more
On August 2, 2013, the White House's Office of Management and Budget issued a memorandum instructing federal agencies to take steps to carry out President Obama's executive order (E.O. 13559 (Nov. 17, 2010)) adopting several...more
Non-Enforcement Matters: - Private Fund Issuers’ Use of New SEC Rule 506(c) Hardly a “Slam Dunk” - Advisers Need to Revisit Their Business Continuity Plans. Enforcement Matters: - Registered...more
Non-Enforcement Matters - Insider Trading in Mutual Fund Shares - Incentive for Whistleblowers to Bypass Internal Reporting - SEC Announces Compliance Outreach Sessions - Implementation of FATCA Reporting...more