News & Analysis as of

Safe Harbors Regulatory Agenda

Orrick, Herrington & Sutcliffe LLP

Attorneys general urge including a safe harbor provision in the SAFER Banking Act

Recently, U.S. attorneys general from 32 states and territories authored a bipartisan letter urging Congress to advance the SAFER Banking Act of 2025, which would increase access to regulated banking and financial services...more

Farrell Fritz, P.C.

Super-Apps, Self-Custody and Safe Harbors: SEC’s New Crypto Playbook

Farrell Fritz, P.C. on

For years, the SEC has been painted as the cop on the beat when it comes to crypto, more likely to file an enforcement action than to roll out the welcome mat.  But SEC Chairman Paul Atkins’ announcement this summer of a new...more

Fenwick & West LLP

New SEC Crypto Task Force Led by Commissioner Hester Peirce: Key Takeaways and Path Forward

Fenwick & West LLP on

On Tuesday, acting SEC Chair Mark Uyeda announced the creation of a Crypto Task Force to devise a “sensible regulatory path” for the $3 trillion cryptocurrency market. This represents a departure from the former chair, Gary...more

A&O Shearman

Navigating the new elective safe harbor for the Domestic Content Bonus Tax Credit

A&O Shearman on

The U.S. Treasury Department and the Internal Revenue Service have issued a new safe harbor that will make it easier for U.S. solar, onshore wind and battery storage projects with U.S.-sourced components to qualify for...more

Ballard Spahr LLP

Operational impacts of the new CFPB Credit Card Late Fee Rule

Ballard Spahr LLP on

On March 5, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued its final credit card late fee rule (the “Final Rule”), which, amongst other things, significantly reduces the late fee safe harbor cap for issuers...more

Bradley Arant Boult Cummings LLP

Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs

A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more

J.S. Held

Key Steps for Ensuring Regulatory Compliance in M&A: New Voluntary Safe Harbor Policy Updates

J.S. Held on

In the dynamic realm of mergers and acquisitions, staying abreast of regulatory changes is paramount. The Department of Justice’s (DOJ) recent introduction of the Safe Harbor Policy for Voluntary M&A Self-Disclosures...more

McDermott Will & Schulte

DOJ Unveils Voluntary Self-Disclosure Safe Harbor for M&A Deals

McDermott Will & Schulte on

On October 4, 2023, during remarks before the Society of Corporate Compliance and Ethics, Deputy Attorney General (AG) Lisa Monaco unveiled a new US Department of Justice (DOJ)-wide safe harbor policy for voluntary...more

Moore & Van Allen PLLC

DOJ Continues Efforts to Encourage Voluntary Corporate Self-Disclosure with New Safe Harbor Policy

Moore & Van Allen PLLC on

On October 4, 2023, Deputy Attorney General Lisa Monaco announced the next (but not final) chapter of the U.S. Department of Justice’s concerted attempt to promote voluntary corporate self-disclosure of misconduct with a new...more

A&O Shearman

U.S Department of Justice's new M&A safe harbor: what is it, what does it mean for M&A, and why now?

A&O Shearman on

On October 5, 2023, Deputy Attorney General, Lisa Monaco, announced a new safe harbor policy for voluntary self-disclosures made in the mergers and acquisitions context. The safe harbor policy will apply Department-wide and...more

Faegre Drinker Biddle & Reath LLP

UPDATED: Changes to a Family Member’s Exchange Subsidy Eligibility

Under Internal Revenue Code (Code) Section 36B, individuals are eligible for an exchange subsidy (or premium tax credit) if their employer has not offered them affordable coverage that provides minimum value. The IRS recently...more

Cadwalader, Wickersham & Taft LLP

The Crypto Industry Is Talking Tax, and the Senate Is Listening

On June 7, 2022, U.S. Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Lummis-Gillibrand Responsible Financial Innovation Act (the “Act”), a comprehensive legislative scheme for the regulation of...more

Bilzin Sumberg

SEC Proposes Rules Governing SPACs and De-SPAC Transactions

Bilzin Sumberg on

The Special Purpose Acquisition Company (“SPAC”) market is facing both a new set of rules and amendments to rules already in place under the Securities Act of 1933 and Securities Exchange Act of 1934.  Last month, the U.S....more

Kohrman Jackson & Krantz LLP

The SEC Moves to Close the (IPO) Back Door

On March 30, 2022, the Securities and Exchange Commission issued proposed rules focused on special purpose acquisition companies (SPACs) and subsequent business combination transactions between SPACs and private operating...more

Wyrick Robbins Yates & Ponton LLP

Any Port in a Storm? OCR Seeks Comments on HIPAA “Safe Harbor” for Recognized Security Practices

Earlier this month, HHS’s Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on a statutory provision adopted last year that provides a quasi-safe harbor for entities that have voluntarily...more

Faegre Drinker Biddle & Reath LLP

Spring Roster of FCC Actions: State-Federal Partnerships, Enforcement Actions, and Reassigned Numbers Database Clarifications and...

The FCC’s TCPA dockets did not witness many developments from the beginning of 2022 until February. However, beginning in February and into March, Chairwoman Rosenworcel’s office and the Enforcement Bureau were busy...more

Herbert Smith Freehills Kramer

SEC Proposes New Rules for SPAC IPOs and SPAC Business Combinations

On March 30, 2022, the Securities and Exchange Commission (SEC) published a proposal for new rules and amendments under the Securities Act of 1933 and the Securities Exchange Act of 1934 governing initial public offerings...more

Cadwalader, Wickersham & Taft LLP

Fund Finance – Positive Developments for Sponsors and Investors under Ireland’s Investment Limited Partnership 2.0 Regime

Why is this topic suddenly of interest? Irish Investment Limited Partnerships (“ILPs”) have been around since the introduction of the Investment Limited Partnership Act in 1994 (the “1994 Act”). Due to certain requirements...more

Polsinelli

Proposed Regulatory Changes to Safe Harbor Warning Provisions

Polsinelli on

All consumer products and food products sold or distributed into the State of California may soon be subject to new scrutiny for chemical exposure warnings Revisions to a critical environmental law regarding warnings for...more

Morgan Lewis - Power & Pipes

FERC Proposes Revisions to Its Price Index Policy to Encourage Price Reporting

The Federal Energy Regulatory Commission (FERC) proposed revisions to its Policy Statement on Natural Gas and Electric Price Indices (Policy Statement) on December 17 to encourage market participants to report transactions to...more

Orrick - On the Chain

Orrick Hosts Fireside Chat with SEC Commissioner Hester Peirce

Orrick - On the Chain on

On March 2, Orrick had the pleasure of hosting SEC Commissioner Hester Peirce for a fireside chat discussion at our San Francisco office on the state of blockchain and cryptocurrency, the emerging regulatory landscape and her...more

Farrell Fritz, P.C.

Proposed Three-Year Digital Token Safe Harbor May Bridge Gap to Decentralization or Functionality

Farrell Fritz, P.C. on

It’s not often that an SEC Commissioner quotes Bruce Springsteen – not once, but twice – in a speech on securities regulation. But SEC Commissioner Hester Peirce did just that in a February 6, 2020 speech in which she...more

Carlton Fields

Florida Bad Faith Legislation

Carlton Fields on

The Florida Senate is considering legislation designed to reduce insurance companies’ exposure to bad faith claims. Florida Senate Bill 1334, introduced by Sen. Jeff Brandes (R), requires policyholders to present their...more

Burr & Forman

Proposed SEC Rule 195 Token Incubation Safe-Harbor

Burr & Forman on

SEC Commissioner Hester Peirce earlier this month proposed a draft SEC Rule 195 as a safe-harbor for developmental token offerings, providing a registration exemption for three-years to allow the token’s network to achieve...more

Orrick - On the Chain

Power of the Peirce: SEC Commissioner Spends Some of Her Influence on Trying to Help Crypto Network Developers

Orrick - On the Chain on

SEC Commissioner Hester Peirce continues to be one of the most vocal persons in leadership positions at federal regulators who are promoting innovation in digital currency and the blockchain....more

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