News & Analysis as of

Rulemaking Process Investment

Troutman Pepper Locke

Credit Unions Advocate for Digital Asset Custody in Light of GENIUS Act

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On July 18, America’s Credit Unions sent a letter to the Honorable Kyle Hauptman, Chairman of the National Credit Union Administration (NCUA), urging the agency to initiate rulemaking that would allow credit unions to take...more

Troutman Pepper Locke

FUNDamentals – FinCEN Delays Investment Adviser AML Rule Until 2028, Signals Revisions to Scope

Troutman Pepper Locke on

On July 21, 2025, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced its intention to delay the effective date of the final rule imposing anti-money laundering (AML) obligations on...more

Vinson & Elkins LLP

Insights from the SEC Roundtable on Executive Compensation Disclosure Requirements

Vinson & Elkins LLP on

On June 26, 2025, the U.S. Securities and Exchange Commission (“SEC”) hosted a roundtable on executive compensation disclosure requirements. As noted in prior Insights, the SEC convened the roundtable to evaluate the...more

Carlton Fields

SEC Solicits Public Comment on Definition of “Foreign Private Issuer”

Carlton Fields on

The Securities and Exchange Commission (SEC) published a concept release on June 4, 2025, seeking feedback on whether the SEC should amend the definition of “foreign private issuer” (FPI). In the release, the SEC asks whether...more

Cozen O'Connor

SEC Invites Feedback to Foreign Private Issuer Eligibility Rules

Cozen O'Connor on

On June 4, 2025, the U.S. Securities and Exchange Commission (SEC) issued a Concept Release, seeking public feedback on whether the nearly half-a-century-old definition of foreign private issuer (FPI) and the reporting...more

Patterson Belknap Webb & Tyler LLP

New DOL Guidance for Retirement Plans on Cryptocurrency and ESG Investments

The new administration has recently taken steps to revise guidance with respect to two retirement plan investment options: cryptocurrency, and funds focusing on environmental, social, and governance (“ESG”) factors. These two...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Plans to Replace ESG Rule for Retirement Plan Fiduciaries

The U.S. Department of Labor (DOL) indicated in court documents that it intends to begin new rulemaking to replace a previous rule that permitted 401(k) plan fiduciaries to consider environmental, social, and governance (ESG)...more

King & Spalding

U.S. Department of Labor Updates: Yes to Crypto and No to ESG?

King & Spalding on

On May 28, 2025, the U.S. Department of Labor (“DOL”) provided updated guidance on two employee benefit plan-related investment areas: (1) cryptocurrency and (2) environmental, social, and governance (“ESG”) investing....more

Wiley Rein LLP

FCC Issues NPRM Proposing Changes to Foreign Ownership Rules and Processes and Inviting Comment on Additional Reforms

Wiley Rein LLP on

On April 29, 2025, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) that proposes to codify a number of definitions and concepts underlying the foreign ownership rules and process in...more

Vedder Price

SEC Grants One-Year Exemption from New Short Sale Reporting Requirements

Vedder Price on

On February 7, 2025, the SEC issued a one-year exemption from compliance with new Rule 13f‑2 under the Securities Exchange Act of 1934 and related reporting on new Form SHO. The SEC adopted Rule 13f-2 and the Form SHO...more

Wilson Sonsini Goodrich & Rosati

President Trump Issues “America First Investment Policy”

On February 21, 2025, the White House released a memorandum titled, “America First Investment Policy” (the Memorandum). The Memorandum describes how this Administration plans to address U.S. national security risks stemming...more

Mintz

Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge

Mintz on

4 Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department of Labor enabling ESG-focused investing. Specifically, the court determined that the...more

Ropes & Gray LLP

January 2025 Asset Management ESG Review

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Ropes & Gray closely monitors the rapidly evolving ESG landscape, helping asset managers and institutional investors navigate the dynamic ESG regulatory environment and keep on top of emerging ESG trends and industry best...more

Holland & Knight LLP

Outbound Investment Screening Rule Goes into Effect

Holland & Knight LLP on

The U.S. Department of the Treasury's Final Rule on outbound investment screening went into effect on Jan. 2, 2025. The Final Rule establishes a much-awaited outbound investment screening regime, implementing Executive Order...more

Skadden, Arps, Slate, Meagher & Flom LLP

PISCES: Assessing Its Key Features and Potential Impact

On 14 November 2024, the UK government published a response to its consultation on creating a new regulated market to trade shares in private companies: the Private Intermittent Securities and Capital Exchange System...more

Troutman Pepper Locke

Investment Management Update - Q3 2024

Troutman Pepper Locke on

On August 28, the U.S. Securities and Exchange Commission (SEC) adopted amendments to certain registered investment companies (funds) reporting requirements. The SEC originally proposed the amendments on November 2, 2022....more

Crunched Credit

The Administrative Illuminati in Pursuit of Command and Control (Or the Unmentionable in Hot Pursuit of the Inedible with...

Crunched Credit on

The way we regulate rarely works terribly well for the regulator or the regulated.  Yet, we keep doing it the same way…a subspecies of insanity to be sure.   As an example, has anyone out there in CRE land taken a gander at...more

Polsinelli

Blockchain+ Bi-Weekly: June 2024

Polsinelli on

Our last update included a whirlwind of activities, with the surprisingly bipartisan House of Representatives vote on FIT 21 and the SEC’s approval of certain Ether spot ETF rule change proposals coming in quick succession....more

Davis Wright Tremaine LLP

April 2024 UDAAP Bulletin

Federal Trade Commission. Deceptive real estate listings. On April 3, 2024, FTC announced close to $62 million in refunds for consumers misled by deceptive marketing and advertising practices used by Opendoor Labs, Inc., an...more

Stikeman Elliott LLP

CIRO Embarks on Phase 3 of its Rule Consolidation Project and Proposes Integrated Fee Model

Stikeman Elliott LLP on

The Canadian Investment Regulatory Organization (“CIRO”) recently published for comment proposals relating to Phase 3 of its rule consolidation project (the “Rule Consolidation Project”) as well as a new integrated fee model...more

Mayer Brown Free Writings + Perspectives

SEC Rulemaking Trends to Watch in 2024

From climate change disclosure rules to private company transparency measures, the year ahead promises to be a busy one for securities lawyers. Just as we would tell an issuer sharing projections to accompany those with...more

Mintz

Biden Administration's DOL Rule Enabling Investment Advisors to Consider ESG Factors Survives Judicial Challenge

Mintz on

On September 21, 2023, Judge Kacsmaryk (N.D. Texas), a famously conservative Trump-appointed jurist, upheld a Department of Labor rule promulgated by the Biden Administration that enables employee retirement plans to consider...more

Seward & Kissel LLP

United States Issues New Executive Order that Begins Rulemaking Process to Impose Regulations on Certain Outbound Investments in...

Seward & Kissel LLP on

On August 9, 2023, President Biden issued Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern.” The Executive Order targets certain U.S....more

Proskauer - Blockchain and the Law

Regulation in the Post-FTX Environment: SEC’s Proposed Enhanced Custody Rule and Its Effects on Crypto

When it rains, it pours. On January 23, 2023, the New York Department of Financial Services announced that it had issued certain Guidance on Custodial Structures for Customer Protection in the Event of Insolvency in which it...more

Mayer Brown Free Writings + Perspectives

Offering and Communications Reforms for BDCs and Closed-End Funds

This article discusses the amendments adopted by the Securities and Exchange Commission (SEC) in 2020 that modernize the offering related provisions of the Securities Act of 1933, as amended (Securities Act), and the...more

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