News & Analysis as of

Proposed Regulation

US Securities and Exchange Commission Proposes Broker-Dealer Standard of Care and Guidance on Investment Advisers’ Fiduciary...

by Shearman & Sterling LLP on

The U.S. Securities and Exchange Commission published three proposed rules with request for public comment that would seek to enhance and clarify the standards of care applicable to broker-dealers and investment advisers when...more

SEC Proposes Conduct Standards for Investment Advisers

On April 18, concurrently with its publication for comment of a proposed fiduciary rule for brokers,1 the Securities and Exchange Commission (SEC) took several actions that broadly implicate investment advisers....more

ITC Updates Its Rules of Practice and Procedure

by Jones Day on

Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018...more

Regulation Confusion

by Alston & Bird on

The Office of Management and Budget may throw a wrench into how IRS and Treasury regulations are treated. Our Federal Tax Group outlines why slowing down the regulation process may be the least of taxpayers’ worries....more

Oregon’s Predictive Scheduling Law: An Overview of BOLI’s Proposed Rules

On April 25, 2018, the Oregon Bureau of Labor and Industries (BOLI) issued proposed rules implementing Oregon’s predictive scheduling law, Senate Bill 828, which will take effect on July 1, 2018. A link to the proposed rules...more

EPA Releases Strengthening Transparency in Regulatory Science Proposed Rule

On April 30, 2018, the U.S. Environmental Protection Agency (EPA) proposed the "Strengthening Transparency in Regulatory Science" (Science Rule) that EPA states is intended to “strengthen the transparency of EPA regulatory...more

Telemedicine Prescribing of Controlled Substances: the Dark Side of the New Congressional Bill

by Foley & Lardner LLP on

Congress has taken another step forward to require the federal Drug Enforcement Administration (DEA) to activate a special registration allowing physicians and nurse practitioners to prescribe controlled substances via...more

Quebec Unveils Draft Regulations, Proposes New Changes to Further Strengthen Consumer Protections

The Quebec government is further revising and strengthening its consumer protection regime and is seeking industry feedback on its recently released draft Regulation respecting the application of the Consumer Protection Act...more

EU Plans to Regulate Online Platforms and Search Engines

by Latham & Watkins LLP on

New proposed EC Regulation would impose transparency obligations vis-à-vis business users and introduces collective redress. Background - Businesses increasingly use online platforms and search engines to reach...more

Draft EU CLOUD Proposal—Enabling Law Enforcement Access to Overseas Data

by Jones Day on

The Situation: To strengthen cross-border cooperation in investigations, the European Commission has proposed legislation allowing EU Member State authorities to access, directly from services providers, electronic evidence...more

Raising the Bar? SEC Proposes Broker-Dealer Standard of Care and Guidance on Investment Advisers’ Fiduciary Standard

by Shearman & Sterling LLP on

On April 18, 2018, the U.S. Securities and Exchange Commission (“SEC”) took the long-awaited step of proposing rules, interpretations and guidance (the “Proposed Rules”) that would seek to enhance and clarify the standards of...more

SEC proposes "regulation best interest" rule package, including new disclosure form and investment adviser conduct interpretation

by DLA Piper on

The Securities and Exchange Commission held an open meeting on April 18, 2018, during which the Commissioners voted 4 to 1 to release a package of rules, forms and interpretations for public comment designed to "enhance the...more

New EU Measures on NPLs – Part 1: Statutory Prudential Backstop for NPLs Provisioning and ECB Addendum

by White & Case LLP on

On March 14, 2018 the European Commission ("EC") published a package of proposals aimed at facilitating the reduction of the current stock of non-performing loans ("NPLs") held by European banks and mitigating their build-up...more

SEC Proposes Rules Addressing Broker-Dealer and Investment Adviser Standards of Conduct

by Dechert LLP on

On April 18, 2018, the U.S. Securities and Exchange Commission (SEC) voted 4-1 to propose a package of rules and interpretations (Proposals) intended to improve the retail investor experience and to provide greater clarity...more

ECB Publishes Opinion on Proposed Regulation Amending EBA Regulation

The European Central Bank (“ECB“) published an opinion (CON/2018/19) (dated April 11, 2018) on a proposed Regulation amending (among other things) the EBA Regulation (Regulation 1093/2010) on April 12, 2018....more

Uniform European Union Conflict of Laws Rule to Foster Cross-Border Transfer of Claims

by Jones Day on

The Situation: Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I Regulation) does not cover the question of third-party...more

Aviation Happenings - Spring 2018 - Part B

SDNY Holds That Limitations Period in Article 35 of the Montreal Convention Does Not Apply to Claims for Contribution and Indemnification - Article 35 of the Montreal Convention provides that “[t]he right to damages shall...more

IRS Issues Transitional Guidance Regarding the New "Restitution" Tax Deduction That Affects False Claimes Act and Other Government...

by Foley & Lardner LLP on

Effective immediately, a settlement agreement or a judgment with the government must set forth the specific amount of restitution, remediation of property, or monies paid to come into compliance with any law violated, for...more

New Developments Put the Spotlight on Federal Healthcare Provider Conscience Protections

In January 2018, HHS unexpectedly announced a newly proposed regulation entitled “Protecting Statutory Conscience Rights in Healthcare,” which proposes new prohibitions and notice requirements for institutional healthcare...more

What Provisions are Typical in a Separation Agreement?

by Shipman & Goodwin LLP on

There’s been a lot in the news of late about “outrageous” provisions found in an separation agreement between an employer and an employee, like confidentiality. Indeed, some proposed legislation would restrict the use of some...more

SPEAK UP - FCC invites comment on proposed rules governing calls to reassigned cell phone numbers and attendant TCPA liability

On March 22, 2018, the Federal Communications Commission (FCC) issued its Second Further Notice of Proposed Rulemaking and is seeking comments on the intractable problem of Telephone Consumer Protection Act (TCPA) liability...more

European Commission Publishes Legislative Package for Cross-Border Distribution of Investment Funds

by Shearman & Sterling LLP on

As part of its work on creating a European Capital Markets Union, the European Commission has published a legislative package of amendments, comprising a proposed Regulation and a proposed Directive....more

European Commission Proposes EU Covered Bonds Legislative Package

by Shearman & Sterling LLP on

The European Commission has published legislative proposals for a new EU covered bonds framework. The legislative package consists of a proposed Directive on the issue of covered bonds and covered bond public supervision and...more

California Medicaid Agency Proposes Significant Restrictions on FQHC and RHC Reimbursement

by Foley & Lardner LLP on

California’s Medicaid agency has posted draft language of a new state plan amendment (SPA) that would make major changes to federally qualified health center (FQHC) and Rural Health Clinic (RHC) reimbursement. Public comments...more

Issues Plan Sponsors and Fiduciaries Should Watch

by Winstead PC on

Once upon a time, our retirement plan worries were primarily generated by the U.S. Department of Labor (“DoL”) or the Internal Revenue Service and their regulatory and enforcement efforts. In more recent times we have seen...more

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