Materiality, Scope 3 emissions elicit debate in SEC climate rule comments
Comment letters in response to the SEC’s climate-related disclosure rule have laid out opponents’ issues with the proposal, while supporters have used the process to buttress the agency’s case for implementing it.
Uyghur Forced Labor Prevention Act should prompt due diligence reassessment
All companies with a global footprint should be reevaluating their supply chain due diligence and documentation practices to show the absence of forced labor in the wake of the Uyghur Forced Labor Prevention Act taking effect.
CCO skepticism toward DOJ compliance certifications justified
Chief compliance officer concerns regarding the Department of Justice’s new certification policy have not been alleviated by the agency’s inconsistent communication regarding the requirement.
Experts: How to move forward with the GDPR
Data privacy experts speaking at an industry event believe the mechanisms in place under the General Data Protection Regulation to ensure compliance, enforcement, and redress need revisiting—and quickly.
European Commission assessing GDPR improvements, not overhaul
Three key members of the European Commission believe the General Data Protection Regulation should be enhanced by targeting aspects of data privacy through other laws rather than revamping the GDPR itself.
SEC spring rulemaking agenda signals potentially hectic fall for compliance
Final action by the Securities and Exchange Commission on its climate-related disclosure rule, whistleblower amendments, unimplemented elements of Dodd-Frank, and more could all take place by the end of the year, according to the agency’s spring agenda.
PCAOB adopts new requirements for use of multiple audit firms
The Public Company Accounting Oversight Board announced its approval of a rule creating a new audit standard and amending a handful of others regarding audits involving multiple audit firms, the culmination of a project first launched in 2016.
Senate confirms Jaime Lizárraga, Mark Uyeda as SEC commissioners
Democrat Jaime Lizárraga and Republican Mark Uyeda have been confirmed by the Senate to serve as commissioners on the Securities and Exchange Commission.
CPE Webcast: How prepared is your organization for the SEC’s proposed climate-related disclosure rule?
This webinar will reveal results of the recent Compliance Week and CohnReznick co-sponsored survey asking respondents how prepared they are for the SEC’s proposed rule requiring registrants to include certain climate-related disclosures in their registration statements and periodic reports.
CPE Webcast: SEC climate disclosure proposed mandate: What you need to know
What might the SEC’s proposed climate disclosure mandate mean as finance and sustainability teams begin implementing and maturing their programs to deliver both business and ESG value?
SEC acting chief accountant: Ethical culture key to auditor independence
Paul Munter, acting chief accountant at the Securities and Exchange Commission, released a statement acknowledging recurring issues agency staff have observed regarding auditor independence consultations.
California privacy board moves forward with draft CPRA regulations
The California Privacy Protection Agency unveiled draft rules for the soon-to-be enacted California Privacy Rights Act at its board meeting.
Lummis-Gillibrand bill would regulate crypto for first time
The Responsible Financial Innovation Act, introduced by Sens. Cynthia Lummis (R-Wyo.) and Kirsten Gillibrand (D-N.Y.), seeks to regulate digital assets, blockchain technology, and cryptocurrencies in the United States for the first time.
DOJ recruits Hewlett Packard Enterprise CECO to lead Fraud Section
The Justice Department’s Criminal Division added another chief compliance officer to its ranks with the appointment of Glenn Leon to serve as chief of the Fraud Section.
Treasury considering rule to address AML ‘loopholes’ in private investment
The Treasury Department is considering rulemaking that would seek to mitigate the growing risk sanctioned Russian oligarchs and politicians will attempt to use “hedge funds, private equity firms, and investment advisers to hide their assets.”
Tepid reception to ‘half-hearted’ U.K. audit reform measures
The U.K. government’s confirmed plans to shake up the audit market and improve corporate governance for the country’s biggest companies has received mixed response, with some key stakeholders lamenting “missed” opportunities.
Bipartisan data privacy bill seeks to break through Congressional logjam
A bipartisan bill attempting to end the gridlock in Congress over crafting a federal data privacy law was introduced by a pair of Republicans and a Democrat.
FinCEN launches rulemaking on no-action letter process
The Financial Crimes Enforcement Network launched rulemaking for a no-action letter process, which the agency said might help spur innovation in financial services for anti-money laundering/countering the financing of terrorism and compliance functions.
CFTC comment request gauging future action on climate-related risks
The Commodity Futures Trading Commission is seeking public comment on climate-related financial risks that could inform the agency’s future guidance, interpretations, policy statements, and/or rulemaking.
Investment advisers fret over SEC’s proposed ESG disclosure rule
Investment advisers and companies worry a recently proposed rule by the SEC that would require enhanced disclosures about funds that claim ESG strategies drive investment choices would have “substantial impact” without providing useful information to investors.
Compliance leadership panel: Current state, future trends, more
Four senior compliance practitioners shared their insights on maintaining an ethical culture, embracing data analytics, determining compliance’s role in measuring ESG metrics, and more as part of a panel discussion at Compliance Week’s National Conference.
SEC rule proposal would order investment firms to back up ESG claims
The Securities and Exchange Commission proposed a new rule that would require registered investment advisers, investment companies, and business development companies to submit enhanced disclosures about funds that claim ESG strategies drive their investment choices.
Four years of GDPR: New tech testing data privacy law’s longevity?
It has been four years since the European Union’s flagship data privacy legislation came into force, but concerns are already being raised about whether the General Data Protection Regulation is being outpaced by technological developments and their use of data.
Ten highlights from Compliance Week 2022
Editor In Chief Kyle Brasseur recaps the moments that stood out to him most from Compliance Week’s first in-person event since 2019.
SEC commissioners address CCO liability, crypto regulation, more at CW2022
Two SEC commissioners from opposite sides of the political aisle took slightly different positions on how to assess the liability of poor performing chief compliance officers as part of the Day 2 opening keynote at Compliance Week’s National Conference.
From ‘Institutional Self-Regulation’: Slippery slope of bad habits
Tamar Frankel, honored for Lifetime Achievement in Compliance at the 2022 Excellence in Compliance Awards, authorized CW to share excerpts from her book “Institutional Self-Regulation.” The following is a passage from the book’s chapter on institutional subversive culture, ethics, power, and behavior.
From ‘Institutional Self-Regulation’: Role of culture
Tamar Frankel, honored for Lifetime Achievement in Compliance at the 2022 Excellence in Compliance Awards, authorized CW to share excerpts from her book “Institutional Self-Regulation.” The following is a passage from the book’s chapter on investigations to prevent violations of the law.
From ‘Institutional Self-Regulation’: Why compliance?
Tamar Frankel, honored for Lifetime Achievement in Compliance at the 2022 Excellence in Compliance Awards, authorized CW to share excerpts from her book “Institutional Self-Regulation.” The following is a passage from the book’s chapter on compliance, governance, and self-regulation.
Conviction, moral fortitude define Lifetime Achievement winner Tamar Frankel
Tamar Frankel’s 50-year career as a law professor at Boston University more than satisfies her being honored for Lifetime Achievement at the 2022 Excellence in Compliance Awards. Yet, to limit the scope of Frankel’s accomplishments to her academic career would be a massive oversight.
Connecticut fifth state to pass comprehensive data privacy law
Connecticut has joined four other states in passing a comprehensive data privacy law that requires companies to provide consumers with information about the personal data they collect.
Fed Chair Jerome Powell confirmed to second term
Jerome Powell is set to begin his second term as chair of the Federal Reserve after receiving bipartisan support in a Senate confirmation vote.
FTC Democratic majority restored following Bedoya confirmation
Georgetown visiting law professor Alvaro Bedoya has been confirmed as a member of the Federal Trade Commission, following a Senate vote along party lines.
CFTC proposal furthers transition from LIBOR in swaps
The Commodity Futures Trading Commission proposed a rule that would replace certain swap rate clearing requirements pegged to the London Interbank Offered Rate with other alternative reference rates that are less susceptible to manipulation.
SEC extends comment period on climate-related disclosure rule
The Securities and Exchange Commission has extended the comment period for its controversial climate-related disclosure rule to allow interested parties more time to consider the issues and share feedback.
Need to know: SEC climate-related disclosure attestation requirements
While the Securities and Exchange Commission’s proposed climate-related disclosure rule is being finalized, affected companies should begin considering new attestation requirements for accelerated and large accelerated filers regarding greenhouse gas emissions.
SEC: Companies must adequately disclose financial impact of Russia’s war on Ukraine
The Securities and Exchange Commission is warning public companies they must accurately and adequately disclose the material impact on their business caused by Russia’s war against Ukraine.
FRC report findings suggest overhaul needed for Modern Slavery Act
The U.K. Modern Slavery Act has often been described as “world leading,” yet companies are still failing to meet requirements by providing a statement outlining what they are doing to prevent modern slavery in their businesses and supply chains.
SEC risk alert flags deficiencies in handling nonpublic information
A risk alert issued by the Division of Examinations at the Securities and Exchange Commission highlighted “notable deficiencies” in the handling of material nonpublic information by investment advisers, investors, and other market participants.
CFPB targets fintechs with examination policy shift
The Consumer Financial Protection Bureau will begin conducting supervisory examinations on nonbank financial companies the agency believes “pose risks to consumers.”
Yellen calls China to the carpet on Russia-Ukraine war
U.S. Treasury Secretary Janet Yellen warned countries that are unified in their sanctions against Russia “will not be indifferent to actions that undermine the sanctions we’ve put in place.”
Biden to nominate Michael Barr as Fed supervision head
President Joe Biden announced his intent to nominate Michael Barr, a key architect of the Dodd-Frank Act and former Treasury Department assistant secretary, to serve as the Federal Reserve’s vice chair for supervision.
FTC chair: Agency reassessing rules amid current U.S. privacy landscape
The Federal Trade Commission is considering new rulemaking around commercial surveillance and lax data security practices while assessing whether other laws in place need to be updated, agency Chair Lina Khan said in a recent speech.
Biden to nominate two for SEC commissioner openings
President Joe Biden announced his intention to nominate Jaime Lizárraga and Mark Uyeda for the Democratic and Republican commissioner openings, respectively, at the Securities and Exchange Commission.
SEC proposes Dodd-Frank rule requiring security-based swaps to hire CCOs
The Securities and Exchange Commission proposed a regulatory framework for security-based swap execution facilities that will require these entities to hire a chief compliance officer to oversee compliance with new rules.
California judge strikes down state’s board diversity law
A California state superior court judge struck down a diversity mandate that ordered public companies in the state to have at least one minority board member by the end of 2021.
New bill seeks shorter wait for SEC whistleblower awards
The “SEC Whistleblower Reform Act of 2022” proposes to shorten the wait time for a whistleblower to receive a payout by requiring the Securities and Exchange Commission to issue an initial ruling on a claim within one year of the deadline to file the claim.
Q1 roundup: SEC tackles climate disclosures, businesses navigate Russia restrictions, more
Regulation and guidance from U.S. agencies and the White House, plus compliance challenges stemming from a two-year global pandemic and Russia’s ongoing invasion of Ukraine, made the first quarter of 2022 a novel risk environment for regulated businesses.
SEC 2022 exam priorities stress compliance ‘must be empowered’
The Securities and Exchange Commission released its 2022 examination priorities, providing investment firms, broker-dealers, and other registrants a breakdown of what issues the Division of Examinations will focus on this year.
Senators call for close of private investment AML/CFT loophole
Sens. Sheldon Whitehouse (D-R.I.) and Elizabeth Warren (D-Mass.) called on the Treasury Department and SEC to close a “disconcerting loophole” that exempts hedge funds and other private investment firms from reporting suspicious activity within their transactions to authorities.
CPE Webcast: Signals from the SEC on critical rule and regulation changes
This webinar will dive into predictions for the upcoming SEC agenda and ancillary regulatory changes, giving attendees a look into the implications for their compliance teams and how they can prepare for whatever comes next.