All Rules & Proposals articles – Page 2
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Blog
A step toward the light of transparency, but only a small step
The U.S. government is now requiring banks to obtain the identifies of those they do business with—a rule, notes Tom Fox, that is long overdue. But criticism of the rule could point to a greater need for legislation to streamline the current system around the creation of corporations. Will Congress ...
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Article
Firms face after-shocks of Labor Department’s fiduciary rule
The Department of Labor’s fiduciary rule for investment advisors has already stirred a firestorm of controversy, but one way or another, says Joe Mont, the financial advisory world is looking at a transformational change in how it operates by next April, with such high stakes that no one may want ...
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Article
Time to revise your employee training and policies
New regulations passed in California require stringent new standards governing the prevention of harassment, discrimination, and retaliation in the workplace. What’s more, says reporter Jaclyn Jaeger, they appear to mirror a broader regulatory trend at the federal level.
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Article
European Parliament opinion could delay Privacy Shield approval
An EU-U.S. privacy protection standard is supposed to gain approval in June, but concerns—namely with the U.S.’s ongoing surveillance efforts and mass data collection—could delay approval, leaving thousands of companies that rely on cross-border data transfers in legal limbo. David Bogoslaw explores.
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Blog
The compliance side to Obama’s new tax incentives
At the end of 2015, President Obama signed into law a number of federal tax incentives for businesses to encourage various hiring, training, and investing practices. But there are special compliance considerations that come with all of these programs. CW Editor Bill Coffin offers a closer look.
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Blog
SEC readies concept release on Regulation S-K review
The SEC will meet next week to take the next step in an ongoing review of its disclosure regime. On March 30, the Commission, in an open meeting, will consider whether to issue a concept release seeking comment on modernizing business and financial disclosure requirements in Regulation S-K. Also at ...
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Blog
How to stop banks from behaving like banks
In the never-ending quest to address the systemic risk posed by the banking industry, a team of academics and the Banking Standards Board have raised fresh initiatives to improve banking regulation itself. But are a globally imposed “risk tax” and a push to improve banking culture really what banks need?
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Article
Gender pay gap reporting in the United Kingdom
The draft regulations on reporting statistics outlining the potential gender pay gap at U.K. companies were published in early February this year, and reactions to the regulations have on the whole been positive, says Jillian Naylor, employment partner at U.K. law firm Linklaters. Inside, CW’s Paul Hodgson provides an in-depth ...
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Article
Debate continues over the practice of quarterly reporting
Amid discussion about reforms to the SEC’s disclosure regime, perhaps no idea is as controversial as the rethinking of how frequently companies must disclose financial information. While it may seem a cornerstone of public filings, quarterly 10-Q financial statements have only been an SEC requirement since 1970. There’s now a ...
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ArticleThink the FTC Isn’t Monitoring Big Data? Think Again
Companies that use Big Data analytics will want to carefully review a new report issued this month by the Federal Trade Commission, which warns companies about the sort of ethical, legal, and compliance risks they could encounter when using data analytics practices that fly in the face of consumer protection ...
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Article
SEC Committee Ups Ante in Fight Against FASB Materiality Changes
Members of the SEC’s Investor Advisory Committee are ramping up their fight with FASB over proposals that redefine its approach to materiality in financial statements. The plan is “fraught with the risk that disclosures that are unfavorable to the issuer are disproportionately viewed as immaterial and as a result excluded ...
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Article
New DoL Guidance Has Chilling Effect on Third-Party Relationships
Does your company use sub-contractors or have franchisees? Ever put a vendor compliance program in place? If so, new guidance from the Department of Labor is about to make life more complicated. It broadens how joint employer relationships—where two or more companies cooperatively employ workers—will be defined and applied under ...
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Article
The Silver Lining of Sharing Data on Cyber-Risks
After many months of debate, President Obama finally signed the Cyber-Security Information Sharing Act into law. The question businesses are asking: In practical terms, is it good news or yet another cyber-security-triggered migraine? While concerns abound, notably around privacy issues, companies may still find plenty to appreciate in the legislation ...
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Article
Why Is Treasury Cracking Down on Big, Cash-Only Real Estate Transactions?
The real estate sector has remained an Achilles’ heel in anti-money laundering efforts by U.S. officials. Concerns that all-cash purchases of residential properties may be used to hide and launder illicit assets has prompted the Financial Crimes Enforcement Network to demand that title insurance companies report the beneficial owners behind ...
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Article
SEC Pushed Toward Creating New Board Composition Disclosures
Image: As businesses become more risk-prone and globalized, investors are demanding that fresh blood be infused into boards. So too are legislators with a desire to leverage SEC disclosures as a tool to bolster the ranks of directors and embed cyber-security knowledge. These efforts place a focus on board composition, ...
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Article
SEC Watch: No Respite on Regulatory Reform in 2016
If the SEC had hoped that clearing its plate of most Dodd-Frank Act and JOBS Act mandates would make 2016 a year to focus on other initiatives, well, Washington has other ideas. The agency will be busy with a new round of rulemaking thanks to the FAST Act, plus ongoing ...
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Article
Q&A: Perspective on New York’s New AML Requirements for CCOs
Image: Officials in New York have proposed a slate of new anti-money laundering regulations for financial institutions that fall under that state’s regulatory regime and supervision. It would require CCOs to submit annual certifications, with the threat of criminal liability for false or misleading statements, on the effectiveness of their ...
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Article
SEC’s Latest Extractive Payments Rule Still Leaves Unanswered Questions, Concerns
The Securities and Exchange Commission has once again proposed a rule requiring oil, gas, and mining companies to disclose payments made to governments for extraction rights. And, once again, legal teams are sharpening their pencils while covered companies sweat the details. An earlier try at the Dodd-Frank Act-required rulemaking lingered ...
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Article
CFPB Critics Focus Fight on Data Collection
Fights over the Consumer Financial Protection Bureau are often focused on critics’ perceived lack of accountability and transparency. In recent weeks, those battles have doubled down on concerns about how the agency collects, protects, and uses data on consumers and financial institutions. CFPB foes say it is collecting more information ...
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Article
The ‘Shalt Nots’ of GRC Implementations
There is no shortage of vendors and products in the governance, risk, and compliance software space. Choosing the wrong one can be disastrous. Just as problematic, however, is pairing a poor implementation strategy with even the best of solutions. Missteps can lead to employee revolts, cost overruns, delays, and ineffective ...