News & Analysis as of

Proposed Guidance

Bridging the Week - December 2017 #3

by Katten Muchin Rosenman LLP on

Non-Registered Cryptocurrency Based on Munchee Food App Fails to Satisfy SEC’s Appetite for Non-Security: The Securities and Exchange Commission filed and simultaneously resolved an enforcement proceeding against Munchee...more

IRS Notice Provides Guidance on Use of Donor Advised Funds for Pledges and Charity Events

by Ropes & Gray LLP on

On December 4, 2017, the IRS released a notice that describes proposed guidance the IRS and Treasury are considering with respect to donor advised funds (DAFs). The comprehensive rules governing DAFs enacted in 2006 gave rise...more

EU Proposed Guidelines on Position Calculation by a Trade Repository

by Shearman & Sterling LLP on

The European Securities and Markets Authority has published proposed Guidelines on position calculation by trade repositories under the European Market Infrastructure Regulation. EMIR requires that derivatives contracts are...more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

Federal Reserve Board Announces Proposed Changes to Bank Board Expectations

by Dechert LLP on

The Board of Governors of the Federal Reserve (FRB) on August 3, 2017 issued a notice inviting comment regarding Proposed Guidance on Supervisory Expectations for Boards of Directors (Proposal). The Proposal applies to boards...more

Federal Reserve Proposes to Clarify and Reduce Supervisory Expectations on Boards of Directors

by Bracewell LLP on

On August 9, 2017, the Board of Governors of the Federal Reserve (the "Federal Reserve") published proposed guidance on certain supervisory expectations for Boards of Directors of banks and holding companies. The proposal...more

Proposed Fed Guidance for Bank Boards of Directors

by Sullivan & Worcester on

Yesterday the Fed published a proposed guidance document for its expectations for board of directors of banks. The release only applies to the boards of banks with over $50 billion in consolidated assets, but the intent of...more

Financial Services Quarterly Report - Second Quarter 2017: Hong Kong Consultation on Guidelines on Online Distribution and...

by Dechert LLP on

The use of online platforms for distribution of financial products has become increasingly popular in Hong Kong. In May 2017, the Hong Kong Securities and Futures Commission (SFC) issued a Consultation Paper inviting comments...more

FMA Consultation: Proposed guidance on substantial product holder disclosures

by DLA Piper on

The Financial Markets Conduct Act (Act) requires people with a substantial holding (ie 5% or more) in a listed company to disclose their interests and certain changes to their interests in that listed enterprise. The form and...more

EEOC Orientation-Bias Guidance Stirs Controversy among Commentators

by Foley & Lardner LLP on

The public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed workplace harassment guidance closed last week. The EEOC’s broad definition of sexual orientation bias drew attention from...more

Jackson Lewis Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

by Jackson Lewis P.C. on

Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine...more

EEOC Issues New Harassment Guidance

by Foley & Lardner LLP on

The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance crystallizing the agency’s expectation that employers be proactive in eliminating workplace harassment. The Proposed Enforcement Guidance on...more

The Blind Side: EEOC's "Proposed Enforcement Guidance on Harassment" Reminds Employers that Workplace Harassment Can Cost Them...

by Ward and Smith, P.A. on

Background - On January 10, 2017, the United States Equal Employment Opportunity Commission (the "EEOC") did employers a favor. It released "a proposed enforcement guidance addressing unlawful harassment under the...more

Draft ECB Guidance on Leveraged Transactions

by White & Case LLP on

Regulatory update: Draft ECB Guidance on Leveraged Transactions – US Comparison - The European Central Bank ("ECB") is consulting on guidance relating to leveraged transactions ("Proposed Guidance"). The ECB regards the...more

FDA Announces International Draft Guidance for Clinical Evaluation of Software as a Medical Device

by Knobbe Martens on

The U.S. Food and Drug Administration announced the availability of a draft guidance for the clinical evaluation of software as a medical device (SaMD). The draft guidance was prepared by the SaMD Working Group of the...more

FTC/DOJ Release Proposed Update to International Enforcement Guidelines: 14 Important Questions

by Dechert LLP on

The two federal antitrust agencies, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) jointly issued a proposed update to the Agencies’ 1995 Antitrust Guidelines for...more

European Banking Authority Draft Guidance on Information and Communication Technology Risk

by Shearman & Sterling LLP on

The European Banking Authority launched a consultation on the proposed Guidelines for the assessment of Information and Communication Technology risk under the Supervisory Review and Evaluation Process. ...more

Update: Antitrust-Intellectual Property Licensing Guidelines

by Foley & Lardner LLP on

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the...more

Also In The News - Health Headlines - September 2016 #2

by King & Spalding on

340B Program Final “Mega Guidance” at OMB – On September 1, 2016, the White House Office of Management and Budget (OMB) received final omnibus guidance for review from HHS regarding the 340B Drug Pricing Program. ...more

DOJ and FTC Update Antitrust-Intellectual Property Licensing Guidelines

by Foley & Lardner LLP on

On August 12, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing...more

FDIC Releases Proposed Third-Party Lending Guidance

by Morrison & Foerster LLP on

On July 29, 2016, the board of directors of the Federal Deposit Insurance Corporation (FDIC) released a proposal regarding third-party lending guidance (“Proposed Guidance”) as part of a package of materials designed to...more

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Cybersecurity

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