News & Analysis as of

Proposed Rules Due Diligence

K&L Gates LLP

NFA Proposes Guidance on Diligent Supervision of Associated Persons

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UPDATE: On 1 May 2025, NFA withdrew Interpretive Notice 9083. The guidance remains available on NFA’s website for industry participants’ review....more

Bergeson & Campbell, P.C.

Comments on Minnesota’s Proposed Rule for Reporting Products Containing Intentionally Added PFAS Are Due May 21, 2025

With the January 1, 2026, reporting deadline fast approaching for reporting on products containing intentionally added per- and polyfluoroalkyl substances (PFAS), on April 21, 2025, the Minnesota Pollution Control Agency...more

Lowenstein Sandler LLP

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

Lowenstein Sandler LLP on

On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C....more

Akin Gump Strauss Hauer & Feld LLP

DOJ Proposes Rules Prohibiting and Restricting Certain Data Transactions to Address National Security Concerns

The Department of Justice’s (DOJ) proposed rule implements President Biden’s Executive Order (EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of...more

Venable LLP

Key Insights: DOJ's Proposed Rule to Protect Bulk Sensitive Personal Data—What Companies Need to Know

Venable LLP on

Earlier this year, the Biden administration issued Executive Order (EO) 14117, which instructed the Department of Justice (DOJ) to create a framework that would prohibit certain data transactions. ...more

WilmerHale

DOJ Issues NPRM Regarding Sensitive Data Transfers

WilmerHale on

With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more

King & Spalding

Biden Administration Issues Proposed Rule Targeting “Connected Vehicles” Tied to China or Russia

King & Spalding on

The Proposed Rule imposes substantial new reporting, diligence, and compliance obligations for companies in the automotive supply chain - On September 26, 2024, the U.S. Department of Commerce’s Bureau of Industry and...more

Foley & Lardner LLP

Proposed Rule Targeting Connected Vehicles Will Impose Major New Supply Chain Compliance Requirements on Automotive Companies that...

Foley & Lardner LLP on

Share on Twitter Print Share by Email Share Back to top On September 26, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Notice of Proposed Rulemaking that, if finalized, would prohibit...more

ArentFox Schiff

Footnote Frenzy: Charting Out Commerce’s Proposed Expanded US Person and End Use Export Controls and Facial Recognition Controls

ArentFox Schiff on

On July 29, the US government proposed big changes to rules about supporting or exporting to foreign military, intelligence, and security entities. The US Department of Commerce’s Bureau of Industry and Security (BIS) is...more

White & Case LLP

Time to get to know your supply chain: EU adopts Corporate Sustainability Due Diligence Directive

White & Case LLP on

After a two-and-half-year legislative journey, the EU's Corporate Sustainability Due Diligence Directive ("CSDDD"), has been formally adopted, and was published in the EU Official Journal on 5 July 2024.1 It will come into...more

Fenwick & West LLP

Latest Updates in Trade Controls for the Tech Sector

Fenwick & West LLP on

Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more

Latham & Watkins LLP

EU Reaches Provisional Agreement on Forced Labour Regulation

Latham & Watkins LLP on

The proposed regulation would ban forced labour-made products from the EU market, affecting companies’ supply chains and requiring compliance checks. On 5 March 2024, the European Parliament and European Council...more

Pillsbury Winthrop Shaw Pittman LLP

FinCEN’s Proposed Rule to Regulate Investment Advisers: The Questions Industry Should Be Following

FinCEN is focused on customer due diligence, and both the 2024 Investment Adviser Risk Assessment and proposed rule indicate that investment advisers will be expected to assess customer identity, business model, and sources...more

Holland & Knight LLP

FinCEN Proposal Potentially Impacts Registered Investment, Exempt Reporting Advisers

Holland & Knight LLP on

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has issued a new notice of proposed rulemaking (NPRM), referred to herein as the "Proposed Rule," that would subject SEC-registered...more

Akin Gump Strauss Hauer & Feld LLP

FinCEN Proposes New Rule to Expand Anti-Money Laundering Requirements for Investment Advisers

Key Points - On February 13, 2024, FinCEN issued an NPRM that seeks to include certain investment advisers in the definition of “financial institution” under the BSA. As described in the NPRM as well as in FinCEN’s fact...more

Jones Day

Who, What, When: The Impact of the EU CSRD on Non-EU Companies

Jones Day on

The EU’s Corporate Sustainability Reporting Directive (“CSRD”) requires the most detailed and onerous ESG reporting and disclosures anywhere in the world. All told, it is estimated that more than 50,000 companies, including...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2023

A federal court has issued an order granting an injunction that delays the compliance dates for the CFPB’s final rule governing the collection of small business lending data required by Section 1071 of the Dodd-Frank Wall...more

White & Case LLP

Supply Chain Compliance with Human Rights and Environmental Obligations

White & Case LLP on

The United States, the European Union, and Germany have recently adopted or proposed new rules requiring enhanced due diligence in supply chains, targeting human rights and environmental issues. This alert examines key...more

Foley & Lardner LLP

Private Investment Diligence and Fraud Prevention: Will New Regulations Change the Game?

Foley & Lardner LLP on

Venture capital and other private funding sources continue to be an important pathway for financing early-stage companies. Unfortunately some startups that raised money did so by misrepresentation and in certain cases fraud,...more

King & Spalding

SEC Proposes RIA Outsourcing Rule

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On October 26, the SEC proposed a new Advisers Act rule (the “Proposed Rule”) that would establish specific obligations for Registered Investment Advisers with respect to outsourcing of “Covered Functions”, as that term is...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Proposes Rule on Outsourcing by Investment Advisers

On October 26, 2022, the U.S. Securities and Exchange Commission (SEC) proposed a new Rule 206(4)-11 and amendments to Rule 204-2 under the U.S. Investment Advisers Act of 1940 (Advisers Act), as well as amendments to Form...more

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

Holland & Hart LLP

New Proposed Rules for Investment Adviser Outsourcing

Holland & Hart LLP on

On October 26, 2022, the US Securities and Exchange Commission (the "SEC") proposed a new rule (206(4)-11) and amendments under the Investment Advisers Act of 1940 that prohibit registered investment advisers from outsourcing...more

Eversheds Sutherland (US) LLP

SEC proposes service provider oversight requirements for investment advisers

On October 26, 2022, the Securities and Exchange Commission (SEC) proposed new Rule 206(4)-11 under the Investment Advisers Act of 1940 (Advisers Act), which would prohibit SEC-registered investment advisers from outsourcing...more

Morrison & Foerster LLP

SEC Proposes to Require Registered Investment Advisers to Implement a Comprehensive Oversight Framework for Service Providers

On October 26, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new Rule 206(4)-11 (the “Vendor Oversight Rule” or the “Rule”) to prohibit investment advisers registered under the Investment Advisers Act of...more

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