FTC marks revived ‘prior approval’ merger stance with proposed limits on DaVita
The Federal Trade Commission proposed 10-year acquisition restrictions on dialysis service provider DaVita under the agency’s newly reinstated “prior approval” policy aimed at curbing anticompetitive mergers.
SEC executive pay clawback rule primed for ‘significant opposition’
The SEC is poised to pass an executive compensation rule that would require public companies to claw back incentive-based compensation if their finances are restated within the previous three years. Experts expect pushback to the proposed mandate.
Compliance Week National Conference is going back in person in May
Mark your calendars: Compliance Week’s National Conference in Washington, D.C. will be held in person for the first time in nearly three years from May 16-18, 2022.
FSOC report: Climate change ‘increasing threat’ to U.S. financial stability
In a report ordered by President Joe Biden, the Financial Stability Oversight Council urged market participants, public companies, and regulators to develop a common agenda to respond to climate change-related financial risk.
Global Privacy Assembly takeaways: ‘Time to get real’ on cross-border cooperation
Privacy regulators believe there must be a push toward greater international cooperation and enforcement if failure to ensure data protection is to be taken as seriously as other corporate offenses.
Treasury issues 5 recommendations for modernizing U.S. sanctions
The U.S. Department of the Treasury issued a series of recommendations as to how to “adapt and modernize” the government’s use of sanctions to enhance their effectiveness in supporting national security objectives.
SEC investor advocate: ‘Gamification’ exposes holes in Reg BI
SEC Investor Advocate Rick Fleming said online platforms designed to make stock trading more easily accessible and exciting “expose what may be a significant flaw in Reg BI” regarding unsolicited transactions.
SEC commissioners clash on cryptocurrency securities debate
SEC Commissioners Caroline Crenshaw and Hester Peirce used recent speeches to stake opposite sides on the central debate of whether all cryptocurrencies are securities.
Late surge expected to comply with EU Whistleblowing Directive
European companies are expected to rush to comply with new whistleblower protection rules only when they take effect in December, meaning workers are not adequately protected for any disclosures they make in the meantime.
CPE Webcast: Technology best practices to future-proof your regulatory compliance strategy
Organizations are facing both increased regulation and increased volumes of organizational data, making it ever more challenging to ensure they can stay compliant as new regulations take effect.
Senators waiving white flag on privacy law with request to FTC?
The request by a group of prominent Democratic senators that the Federal Trade Commission launch rulemaking on data privacy signals Congress is not close to passing a federal law anytime soon, experts say.
California privacy agency names executive director
The nation’s first state data privacy agency has selected former FTC Chief Technologist Ashkan Soltani to serve as its executive director overseeing enforcement and rulemaking of the CCPA and, eventually, the CPRA.
Rohit Chopra confirmed as CFPB director; more dominoes to follow?
The Senate confirmed Rohit Chopra to be the next director of the Consumer Financial Protection Bureau with a party-line vote. Lawmakers will soon shift their attention to his replacement at the Federal Trade Commission.
SEC seeks to implement Dodd-Frank provision on executive compensation votes
The SEC has proposed rulemaking that would enact a provision of the Dodd-Frank Act requiring mutual fund managers to disclose how they voted on proxy proposals, including on compensation agreements with company executives.
New SEC marketing rule offers opportunities, compliance challenges
The SEC’s new marketing rule allows certain types of advertising, endorsements, and testimonials that were previously prohibited. Investment advisers are “excited” about the new possibilities—but compliance officers must warn them of the risks.
Introducing: Cybersecurity training customized for compliance
The professor who created CW’s first-ever self-directed learning module explains what compliance practitioners can expect to get out of the course—and why it’s an essential tool in an evolving cyber-risk landscape.
On-demand training: Protect your company from cyber risks
Take this self-directed, interactive course to deepen your understanding of cybersecurity risks and learn about the latest regulations to keep your organization compliant and prepared for today’s dangerous cyber-environment.
White paper: The UK Online Safety Bill & EU Digital Services Act – Are You in Scope?
The UK Online Safety Bill will legally oblige online service providers to swiftly remove illegal and harmful content. The UK Office of Communications (Ofcom), will be empowered to fine non-compliant organizations up to 10 percent of their qualifying revenue.
SEC offers guidance on climate change disclosure shortcomings
A sample letter released by the Securities and Exchange Commission this week lays out common mistakes firms make with their climate change disclosures.
Biden’s pick to head OCC favors tighter regulation of FinTech
President Joe Biden’s nominee for Comptroller of the Currency, Cornell law professor Saule Omarova, continues a Democratic pattern of choosing potential regulators who believe in stricter control of the markets.
With approach to Coinbase, SEC shows its hand on cryptocurrency
By reacting to Coinbase’s now-scrapped Lend program proposal with a Wells Notice, the SEC sent a message that cryptocurrency companies should not expect the agency to bend to their will.
FTC withdraws 2020 vertical merger guidelines. Will DOJ follow suit?
The Federal Trade Commission voted to withdraw 2020 guidelines for vertical mergers for including what three Democratic commissioners described as “unsound economic theories that are unsupported by the law or market realities.”
Own your ESG materiality strategy, advises SASB founder
Jean Rogers advised companies not to rely on regulators and organization frameworks over internal expertise when it comes to determining ESG materiality as part of her keynote at CW’s “Everything ESG” virtual event.
Biden nominates 3 to CFTC, including Rostin Behnam as chair
President Joe Biden announced the nomination of three individuals to serve as commissioners at the Commodity Futures Trading Commission, including the naming of Rostin Behnam as the agency’s full-time chair.
With SEC rulemaking imminent, ESG disclosure prep takes center stage
A deluge of SEC rulemaking on ESG matters could begin as early as next month, prompting Davis Polk’s Betty Moy Huber to kick off CW’s “Everything ESG” virtual event with an overarching message on the importance of preparation.
Dan Berkovitz departure to leave CFTC with 2 commissioners
The Commodity Futures Trading Commission will soon be down to two members with Democratic Commissioner Dan Berkovitz set to depart next month.
FTC tees up withdrawing vertical merger guidelines
The Federal Trade Commission, led by new chair Lina Khan, might withdraw its vertical merger guidelines finalized only last year at an upcoming open commission meeting.
Survey: New SEC marketing rule leads investment adviser compliance concerns
Implementing the SEC’s new “marketing rule” for investment advisers tops the list of concerns among chief compliance officers in the industry, according to new research.
Compliance takeaways from FDA’s final ‘intended use’ rule
The U.S. Food and Drug Administration’s “intended use” final rule reaffirms the agency’s wide latitude of discretion in establishing an off-label use case against pharmaceutical and medical device companies.
U.K. signals divergence from GDPR with new data transfer approach
The United Kingdom announced plans to strike independent data adequacy decisions with key countries—including the United States—as part of its post-Brexit economic strategy.
SEC seeking info on risks, rewards of digital engagement practices
The SEC launched its first foray against risks posed by stock trading platforms like Robinhood with a request for information about how digital engagement practices affect the investment strategies of retail investors.
Preparing for China’s new GDPR-like data privacy law
China is set to enact a tough data privacy law that mirrors the EU’s General Data Protection Regulation in content but likely will be more strictly enforced, experts say.
Challenge to SEC’s Bank Secrecy Act authority backed by ex-FinCEN leadership
A brokerage firm petitioning the Supreme Court to review the power of the SEC to enforce the Bank Secrecy Act has received support from two former officials of the primary agency tasked with overseeing the AML law.
CFTC due for shakeup with Brian Quintenz set to depart
The Commodity Futures Trading Commission will soon be down to three active commissioners, as Brian Quintenz announced he will depart the regulator at the end of the month.
Hamburg DPA warns Zoom incompatible with GDPR
The Hamburg data protection authority has warned local government departments to stop using Zoom because it believes the videoconferencing app is not compliant with the General Data Protection Regulation.
FINRA notice outlines key areas for supervising third parties
The Financial Industry Regulatory Authority issued a notice on compliance deficiencies arising from firms’ relationships with vendors culled from examination findings.
Experts: Gary Gensler and the SEC are coming after cryptocurrencies
Many in the cryptocurrency space would prefer Gary Gensler and the SEC leave the sector to function without much regulation, but experts predict he’ll take a heavy-handed approach.
SEC approval of Nasdaq board diversity proposal adds to nationwide momentum
The SEC approved rule changes proposed by Nasdaq that will put in place a new board diversity mandate and further require companies listed on Nasdaq’s U.S. exchange to make public disclosures regarding the composition of their boards.
EU guidance seeks to clarify role of AML/CFT compliance officers
The European Banking Authority is seeking comment on new draft guidelines that set clear expectations regarding the appointment, role, tasks, and responsibilities of anti-money laundering and countering the financing of terrorism compliance officers.
Acting FinCEN head to step down; new search underway
The Treasury Department has launched a public search for a new permanent director of the Financial Crimes Enforcement Network after the acting head of the agency announced his intentions to step down.
SEC to revisit Trump-era whistleblower changes
The Securities and Exchange Commission will review two Trump-era changes to the agency’s whistleblower program, with an eye toward encouraging individuals to report wrongdoing.
SEC seeks more risk disclosures from China-based companies
The SEC will require China-based public companies listed on U.S. exchanges to make more disclosures about the financial risks posed by potential interference in their operations by the Chinese government.
Proposed bill seeks to broaden False Claims Act whistleblower protections
A bipartisan bill before Congress proposes tweaking the False Claims Act to extend anti-retaliation protections for whistleblowers who are not formally employed by the company or organization on which they blew the whistle.
What companies (and the SEC) can learn from U.K. ESG reporting guidance
The U.K. Financial Reporting Council has proposed a series of measures from which companies—as well as other regulators like the SEC—could benefit as ESG disclosures receive closer scrutiny.
FTC vote reverses longtime ‘prior approval’ stance for mergers
The Federal Trade Commission voted to rescind a 1995 policy statement that allowed certain firms taking part in a merger to skirt prior approval requirements.
New agency Europe’s latest hope to curb AML struggles
The European Commission unveiled new plans to set up an agency specifically aimed at tackling the region’s spiraling problems with money laundering.
House passes bill to restore FTC’s disgorgement authority
The Federal Trade Commission will have its power to seek disgorgement of ill-gotten gains restored, if a bill that passed the House becomes law.
The debate over AI: Regulate the tech or its use?
Recent comments by Facebook’s top executive in charge of developing AI reignite the debate over whether regulators should be more focused on reining in the technology itself or just the way it is used.
Q&A: Cigna’s approach to SEC human capital disclosure requirements
Julia Brncic, senior vice president, chief counsel and corporate secretary at Cigna, shares how the global health insurance company is complying with new human capital disclosure requirements in Regulation S-K.
New bank guidance expands on advice for handling third parties
Three federal banking regulators are seeking public input on the first comprehensive update to risk management guidance for financial institutions entering into business relationships with third parties since 2013.