News & Analysis as of

Regulatory Requirements

Only 53 Percent of Surveyed Security Officers Are Confident in Security of Data by Third Parties: Cybersecurity Trends

by CloudNine on

A recently issued report provides an interesting look at how Chief Information Security Officers (CISOs) and others responsible for security are addressing the challenges in today’s cybersecurity climate. The report (The...more

Investment Services Regulatory Update - February 2018

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues Guidance on Cryptocurrency-related Holdings - On January 18, 2018, the staff of the SEC’s Division of Investment...more

Canada Announces Two New Initiatives To Hold Companies Accountable For Human Rights Violations Abroad

by Littler on

The Canadian Government recently announced two new initiatives to “strengthen Canada’s approach to responsible business conduct for Canadian companies doing business and operating abroad.” The first initiative is the creation...more

Highlighting the risks: The Emirates Securities and Commodities Authority adds its voice to ICO concerns

by Hogan Lovells on

What you should know  The UAE's federal financial services and securities regulator, the Securities and Commodities Authority (SCA), has issued a public warning statement on 4 February 2018 in relation to initial coin...more

Environmental Aspects of Wind and Solar Projects in Alberta

by Bennett Jones LLP on

In 2015, Alberta adopted a Climate Leadership Plan and set an ambitious goal of eliminating coal-fired generation and replacing it with at least 30 percent of renewable generation by 2030. According to the Alberta Electric...more

DOJ Limits the Use of Agencies' Guidance Documents in Civil Enforcement Actions

by Jones Day on

The Department of Justice ("DOJ") recently issued a memorandum limiting the ability of its litigators to use agency guidance documents in civil enforcement actions against private parties. The memo expands on a directive...more

Artificial Intelligence and Health Care—Key Regulatory Considerations for U.S. Operations

by Jones Day on

The Situation: Artificial intelligence is being used in innovative ways in the health care industry to drive down costs and improve clinical outcomes. The Issue: The health care industry, including the provision of health...more

“Brand Memo” Prohibits US DOJ From Converting Agency Guidance Into Binding Legal Obligations In Civil Enforcement Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum (the “Brand Memo”) limiting the use of agency guidance documents in affirmative civil enforcement cases. The memorandum builds on Attorney...more

DOJ Issues Memorandum Precluding Reliance on Agency Guidance in Enforcement Cases

by Holland & Knight LLP on

On Jan. 25, 2018, the Associate Attorney General issued a memorandum limiting use of agency guidance documents in affirmative civil enforcement cases brought by the U.S. Department of Justice (DOJ). In a move which could have...more

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Arkansas State Implementation Plan

United States Environmental Protection Agency (“EPA”) issued a January 29th news release announcing approval of the State of Arkansas’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). The approval was...more

Sign and Submit by February 15, 2018: NYDFS Cybersecurity Certification Due Date Nears as Additional Compliance Requirements Close...

by White & Case LLP on

Since the New York Department of Financial Services ("NYDFS") issued its Cybersecurity Requirements for Financial Services Companies regulation ("Cybersecurity Regulation") on March 1, 2017, organizational efforts to meet...more

Drone Détente: Administration Signals Movement on Key Rules

by Jones Day on

The Situation: Based on a pair of recent actions relating to unmanned aircraft systems, the U.S. Federal Aviation Administration appears to be making progress toward publishing long-awaited rules of interest to potential...more

New FDA Guidance Clarifies Exemptions for Digital Health Software

• Two new draft guidances aim to conform FDA’s existing digital health-related policies to the software exemptions from the device definition added by Cures, and are largely faithful to those legislative provisions. • The...more

Arkansas Regional Haze State Implementation Plan Revision: Arkansas Department of Environmental Quality Notice of Data...

The Arkansas Department of Environmental Quality (“ADEQ”) recently announced three items in regards to its previously proposed (October 31st) revision to the Arkansas Regional Haze State Implementation Plan (“SIP”)...more

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...more

Regulation of Initial Coin Offerings

by White & Case LLP on

With cryptocurrencies on the rise, start-up companies increasingly pursue a novel path to raise capital: the Initial Coin Offering ("ICO"). The frequent notion that ICOs are unregulated is misleading. Regulators have been...more

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Louisiana State Implementation Plan

The United States Environmental Protection Agency (“EPA”) issued a December 15th news release announcing approval of the State of Louisiana’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). ...more

Texas Telemedicine Saga Finally Over? The Texas Medical Board Substantially Revises Telemedicine Regulations

The Texas Medical Board’s (the “Board”) adoption of new telehealth licensing regulations may finally put to bed long-running challenges to the state’s historically rigid position with respect to healthcare services delivered...more

Japan's FSA Clarifies Regulatory Position on Initial Coin Offerings, Warns of Risks

by Jones Day on

The Situation: The Financial Services Agency of Japan ("FSA") has released a statement on initial coin offerings ("ICOs"). It clarifies the regulatory position of ICOs under Japanese law and also highlights potential risks to...more

State Implementation Update for Revisions to Hazardous Waste Generator Rule

by Foley & Lardner LLP on

The U.S. Environmental Protection Agency (EPA) published revisions to hazardous waste generator regulations on November 28, 2016. These revisions went into effect at a federal level and for non-delegated states on May 30,...more

2017 Ethics & Compliance Third-Party Risk Management Benchmark Report - Data and Insights to Put to Work in Your Program Today

by NAVEX Global on

In 2017, NAVEX Global partnered with an independent research firm to survey professionals from a wide range of industries about their approach to third-party risk management and due diligence. The findings in this report...more

Underground Storage Tank Enforcement: Arkansas Pollution Control and Ecology Commission Administrative Law Judge Order Addressing...

Arkansas Pollution Control and Ecology Commission Administrative Law Judge (“ALJ”) Charles Moulton issued a November 15th Order addressing a Notice of Violation (“NOV”) by the Arkansas Department of Environmental Quality...more

Marijuana Cultivation: California State Water Board Adopts Policy Addressing Water Diversion/Discharge

The California State Water Board (“Board”) recently adopted what it describes as a “new statewide policy establishing strict environmental standards for cannabis cultivation in order to protect water flows and water quality...more

Investment Services Regulatory Update - November 2017

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts - SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues No-Action Letters to Facilitate Cross-Border Compliance with the Research “Unbundling” Provisions of the European...more

Requirements for Participation Guidance for LTC Surveyors Published

by Baker Ober Health Law on

The State Operations Manual Guidance for Long Term Care Surveyors (Appendix PP), effective November 28, 2017, has undergone substantial revision. As a result of regulatory changes, the F-tags for surveys have been renumbered....more

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Cybersecurity

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