News & Analysis as of

Rulemaking Process

Bill to Require Issuance of Guidance by CFPB Introduced in House

by Ballard Spahr LLP on

A recent bill introduced in the US House of Representatives would require the CFPB to issue guidance on federal consumer financial laws, and also provide a framework for civil money penalties. H.R. 5534 would create the Give...more

Marbled Murrelet Listed as Endangered Under Oregon’s Endangered Species Act: What Does It Mean for Timber Landowners and...

At its February 9, 2018 meeting, the Oregon Fish and Wildlife Commission (the “Commission”) voted to “uplist” the marbled murrelet’s status from a threatened to an endangered species by a 4-2 margin. The marbled murrelet is a...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The SEC has opened a probe into Guggenheim Partners’ asset-management arm over an $85-million real-estate transaction and a series of other deals involving ABS Capital—including a loan to BCBG Max Azria just months before the...more

EPA Rolls Back Greenhouse Gas Emission Standards for Auto Industry

by Foley & Lardner LLP on

The Trump Administration has taken steps to roll back Greenhouse Gas (GHG) emissions standards applicable to most automobiles in the United States. On April 2nd Environmental Protection Agency Administrator Scott Pruitt...more

Fifth Circuit Court of Appeals Invalidates the 2016 Final Department of Labor Fiduciary Rule and Related Prohibited Transaction...

What’s a financial advisor to do? On March 15, 2018, the Fifth Circuit Court of Appeals in Chamber of Commerce of the U.S. v. U.S. Dep’t. of Labor, No. 17-10238, 2018 U.S. App. LEXIS 6472 (5th Cir. Mar. 15, 2018) vacated –...more

2018 and its first EEO Audit

by Womble Bond Dickinson on

New Procedures: Old Problems – Don’t get caught off guard! On February 26, the Media Bureau issued its first Equal Employment Opportunity (“EEO”) audit of 2018 to randomly selected radio and television stations. There are...more

CFPB seeks comment on its consumer complaint and inquiry handling process

by Ballard Spahr LLP on

The CFPB has issued a request for information that seeks comment on its handling of consumer complaints and inquiries.  ...more

Comments Due Soon on Latest Proposed Changes to DC Water System Availability Fees - Public Comments Also Sought on Proposed Sewer...

by Holland & Knight LLP on

• Proposed changes to the District of Columbia Water and Sewer Authority's System Availability Fee (SAF) regulations would provide developers credits for providing new affordable housing units. • Proposed sewer service...more

A third bite at the apple: trade groups file lawsuit challenging CFPB payday loan rule

by Ballard Spahr LLP on

Two trade groups, the Consumer Financial Service Association of America, Ltd. and the Consumer Service Alliance of Texas, have filed a lawsuit against the CFPB in a Texas federal district court challenging the CFPB’s final...more

MSHA Issues Final Workplace Examination Rule

On April 9, 2018, the Mine Safety and Health Administration (MSHA) will publish its final rule on “Examinations of Working Places in Metal and Nonmetal Mines” in the Federal Register. The rule will go into effect on June 2,...more

Oil & Gas Industry Challenge Halts Core Provisions of BLM's Venting and Flaring Rule

by Holland & Hart LLP on

Oil and gas companies affected by the Bureau of Land Management's (BLM's) 2016 Waste Prevention, Production Subject to Royalties, and Resource Conservation rule, known as the "Venting and Flaring Rule," are (mostly) breathing...more

DC Circuit Court Rejects FCC’s Expansive Definition of ATDS in Long-Awaited TCPA Decision

by White and Williams LLP on

On March 16, 2018, the US Court of Appeals for the District of Columbia Circuit released its much anticipated ruling in ACA International, et al., v. Federal Communications Commission rejecting the expansive definition of...more

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

by Perkins Coie on

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

CFPB seeks comment on consumer financial education programs

by Ballard Spahr LLP on

The CFPB has issued a request for information that seeks comment on its consumer financial education programs. Comments on the RFI must be received on or before 90 days after the date the RFI is published in the Federal...more

CFPB Requests Information on Adopted and Inherited Regulations

by Weiner Brodsky Kider PC on

The CFPB has released two additional Requests for Information (RFI), seeking public comment regarding any changes that should be made to the regulations it has previously adopted, including whether new regulations should be...more

CFPB seeks comment on its guidance and implementation support

by Ballard Spahr LLP on

The CFPB has issued a request for information that seeks comment on its guidance and implementation support. Comments on the RFI must be received on or before 90 days after the date the RFI is published in the Federal...more

FEC Releases NPRM for Disclaimers on Internet Communications

by Perkins Coie on

The Federal Election Commission (FEC) took a step last week toward clarifying the “paid for by” and other disclaimer requirements that apply to political advertisements that appear on digital media. At its meeting on March...more

CFPB Issues RFI on Inherited Regulations

by Morrison & Foerster LLP on

On March 26, 2018, the Consumer Financial Protection Bureau (CFPB or “Bureau”) published a Request for Information (RFI) on the CFPB’s inherited regulations and inherited rulemaking authorities. The RFI is the ninth in a...more

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

by McDermott Will & Emery on

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Orrick's Financial Industry Week In Review

Home Mortgage Disclosure Act: FFIEC's Revised 'A Guide to HMDA Reporting: Getting It Right!' On March 14, 2018, the Office of the Comptroller of the Currency published an updated resource providing guidance for complying...more

CFPB extending comment due dates on enforcement-related RFIs

by Ballard Spahr LLP on

The CFPB is scheduled to publish notices in tomorrow’s Federal Register that it is extending by 30 days the due dates for comments on its first three requests for information....more

CFPB issues seventh annual FDCPA report

by Ballard Spahr LLP on

The CFPB has issued its seventh annual Fair Debt Collection Practices Act report covering the CFPB’s and FTC’s activities in 2017. The CFPB’s previous FDCPA annual reports began with a message from former Director Cordray....more

Changes in Federal Enforcement Cases and the Stark Law May Benefit Health Care Providers

by Ruder Ware on

Some recent changes in federal law and in federal agency interpretation of federal law may both clarify and relieve some regulatory obligations of health care providers. Lessening Dependence on Federal Agency...more

Regulatory Relief: It’s About Time

by Vedder Price on

In November 2016, with the election results confirmed, the banking industry was awash in hopes for a more lenient regulatory posture. To date, the industry has seen no reform. However, on March 14, 2018, the Senate passed and...more

Advisory Council Proposes a Series of Commercial Division Rule Changes Aimed at Enhancing the Efficiency of Commercial Litigation

In a wave of rulemaking activity over the past week, the Office of Court Administration opened public comment on three significant changes to the Commercial Division Rules proposed by the Commercial Division Advisory Council....more

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Cybersecurity

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