K&L Gates on Dodd-Frank Wall Street Reform: Future Rulemaking

Excerpt: On June 30, 2010, the House adopted the conference report on H.R. 4173, the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Bill" or "Bill"). The Senate is expected to follow suit when it returns from recess later in July. This alert provides a high...

K&L Gates on Dodd-Frank Wall Street Reform: Future Rulemaking and Congressional Activity

Excerpt: On June 30, 2010, the House adopted the conference report on H.R. 4173, the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Bill" or "Bill"). The Senate is expected to follow suit when it returns from recess later in July. This alert provides a high...

Thomas Gorman on the SEC's Expanded Role in Corporate Governance after Dodd-Frank

The federal securities laws have traditionally focused largely on disclosure, leaving corporate governance to state law. Nevertheless, Dodd-Franks expands the Commission's role in corporate governance in three key areas. This is consistent with the impact of the legislation on the SEC's Enforcement...

DOL Seeks Comments on New Longshore Regulations

By John E. Kawcyznski, Member, Field, Womack & Kawczynski The Department of Labor has begun the process of formal rulemaking in response to the amendment to Section 902(3)(F) with respect to the expanded sixty-five foot recreational vessel exclusion. These new proposed regulations would make...

OR: DCBS Summary Of Testimony & Agency Responses

Portland, OR (CompNewsNetwork) - The Oregon Department of Consumer and Business Services summarized the significant data, views, and arguments contained in the hearing record. The purpose of this summary is to create a record of the agency’s conclusions about the major issues raised. The...

The SEC’s Busy Rule-Making Agenda for Implementation of Dodd-Frank

In many instances, the Dodd-Frank Wall Street Reform and Consumer Protection Act merely set a framework for financial reform and left much of the heavy lifting to the financial regulatory agencies. The SEC published their agenda for the implementation of Dodd-Frank . It is a long list. Compliance...

The SEC’s Busy Rule-Making Agenda

In many instances, the Dodd-Frank Wall Street Reform and Consumer Protection Act merely set a framework for financial reform and left much of the heavy lifting to the financial regulatory agencies. The SEC published their agenda for the implementation of Dodd-Frank . It is a long list. Compliance...

Dodd-Frank Rulemaking Delays: Bad, and Likely to Get Worse

You may have seen May 2, 2011 Wall Street Journal article entitled "Overhaul Grows and Slow" ( here ), which described the backlog developing as regulators struggle to meet the rule-making guidelines mandated by the Dodd-Frank Act. The article itself was interesting enough, but if you really...

Proposed Rule under Dodd-Frank Addressing Incentive-Based Compensation Arrangements For Financial Firms

by James E. Earle Esq. and Mark D. Perlow Esq. Excerpt: On March 30, 2011, seven federal financial regulators (each, an " Agency ," and collectively, the " Agencies ") published a proposed rule (the " Proposed Rule ") that would implement Section 956 of the Dodd-Frank...

Earle And Perlow: Proposed Rule Addresses Incentive-Based Compensation Arrangements For Financial Firms

by James E. Earle Esq. and Mark D. Perlow Esq. Excerpt: On March 30, 2011, seven federal financial regulators (each, an " Agency ," and collectively, the " Agencies ") published a proposed rule (the " Proposed Rule ") that would implement Section 956 of the Dodd-Frank...

Dodd-Frank Act Rulemakings - End-User Update

This commentary provides an overview of the status of significant rulemaking developments since the enactment of the landmark Dodd-Frank Wall Street Reform and Consumer Protection Act. It focuses on important issues facing end-users of derivatives and notes where the proposed rules would affect the derivatives...

Williams Mullen Alert: NLRB & US-DOL Issue Controversial Notices of Rulemaking

by William P. Barrett, David C. Burton & Douglas M. Nabhan On the heels of the National Labor Relations Board's controversial decision to prosecute the Boeing Corporation for building a new production facility in South Carolina, this week the Board issued a Notice of Proposed Rulemaking...

The Slow Rulemaking on Swaps and Derivatives

One of the strange splits in US financial regulation is that many swap and derivatives are regulated by the Commodities Futures Trading Commission instead of the Securities and Exchange Commission. I think of the CFTC, I think of Trading Places and with the SEC I think of Wall Street . The Commodity...

Cadwalader Clients & Friends Memo: SEC Seeks Public Comment On Treatment of Asset-Backed Issuers under the Investment Company Act

The Securities and Exchange Commission (the "SEC") recently issued an advance notice of proposed rulemaking (the "ANPR") requesting public comment on the treatment of asset-backed issuers under Rule 3a-7 under the Investment Company Act of 1940 (the "Investment Company Act"...

Morrison Foerster-One Down, One to Go: The SEC Completes the First Required Dodd-Frank Act Regulation D Rulemaking

The Securities and Exchange Commission (the "SEC") recently completed the first of two Regulation D rulemakings mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act"). The Dodd-Frank Act modified the net worth standard included in...

The SEC’S New Approach to Economic Analysis in Rule Writing

Economic analysis in rule making has become a critical issue for the SEC. The D.C. Circuit has rejected two Commission rules in recent years, expressing concern about the level of analysis. The Office of the Inspector General issued a report earlier this year which considers cost benefit analysis...

Thoughts for the SEC on JOBS Act Part I-General Solicitation

Our firm is working on a comment letter to submit to the SEC, but in the meantime I thought I would deliver some thoughts that are purely my own as the SEC pursues the massive rulemaking job put upon it by the Jumpstart our Business Startups (JOBS) Act recently signed into law. The law directs...

Ballard Spahr: Federal Reserve Extends Comment Period on Basel III Capital Rulemaking

by Keith R. Fisher The Federal Reserve has extended the comment period on its Basel III regulatory capital rulemaking from its original September 7 deadline until October 22, 2012. The rulemaking, which was the subject of a previous Ballard Spahr legal alert, actually comprises three separate rulemakings...

Immigration Issues Ripe for Rulemaking: Some Modest Proposals

" At the recently concluded CIS Second Annual Conference in Washington DC on October 18, 2012, Cyrus D. Mehta addressed key issues ripe for rulemaking involving unlawful presence, American Competitiveness in the 21st Century Act (known as "AC 21"), EB-5, Child Status Protection Act and...

Morrison & Foerster - Regulatory Capital: January 1, 2013 Deadline Eased

This morning, the three federal bank regulatory agencies announced that their proposed new capital rules based on Basel III (and other Basel standards) would not take effect on January 1, 2013, a date previously proposed apparently in order to adhere to international consensus. The announcement was...

CFPB to Amend Ability to Repay Rules under CARD Act to Consider Household Income

The Consumer Financial Protection Bureau will begin a notice-and-comment rulemaking to reverse a portion of the "ability to repay" regulations under the CARD Act. The CFPB will begin formal rulemaking to allow card issuers to consider household income and assets of an applicant. Excerpt...

CFPB Gathers Comments in Advance of Potential Regulation of General Use Prepaid Reloadable Cards

Excerpt: The Consumer Financial Protection Bureau has begun the process of issuing new rules to govern the booming, multi-billion dollar market in certain reloadable debit cards. On May 24, 2012, the Bureau issued an Advanced Notice of Proposed Rule-making (the "Advanced Notice") to...

The SEC’s Frequently Asked Questions Regarding the Broker-Dealer Registration Exemption

The legal world is patiently waiting for the Securities and Exchange Commission (the "SEC") to enact rules implementing Title II of the JOBS Act. One of the recent developments in this field is the issuance by the SEC Staff of frequently asked questions ( FAQs ) regarding the broker-dealer...

PTAB Roadshow Effort Kicks Off in Alexandria on April 15

Roundtable Discussions to Spur Dialogue on Possible Rule Changes Roughly eighteen months have passed since the USPTO’s implementation of the new post grant patent challenges of the America Invents Act (AIA). Since the rules for implementing these post grant patent proceedings were developed...

EPA Advocacy Can Add Value to a Manufacturer’s Bottom Line

Whether you’re manufacturing widgets or rubber bands, paper products or cheese, one thing most manufacturers have in common is being subject to various regulations by the Environmental Protection Agency (EPA). Manufacturers often experience regulation as an imposition of new, stringent requirements...