Notice & Comment

Author: Guest Author

Notice & Comment

Securities/Commodities: CFTC Issues New Rules on Retail Forex Trading, by Jonathan Rusch

On August 30, the Commodity Futures Trading Commission (CFTC) announced the publication in the Federal Register of final regulations concerning off-exchange retail foreign currency transactions. According to the announcement, the rules “implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Food, Conservation, and Energy Act of 2008.” In brief, “[t]he […]

Notice & Comment

International Trade: President Obama Sets Out Substantial Changes in Export Control System, by Jonathan Rusch

On August 30, the White House issued a statement reporting that on August 31, President Obama would announce “a major step forward in the Administration’s efforts to fundamentally reform the export control system and will outline the foundation of our new export control system.” According to the statement, the Administration’s planned changes would address four […]

Notice & Comment

Trade Regulation: ABA Files D.C. Circuit Brief on “Red Flags” Rule, by Jonathan Rusch

On August 20, the American Bar Association filed its brief in the D.C. Court of Appeals in ABA v. Federal Trade Commission, No. 10-5057. The ABA, as appellee in the case, successfully challenged at the district court level the application of the FTC’s so-called “red flags rule,” which the brief states “imposes substantial obligations [on […]

Notice & Comment

Veterans Benefits: VA Secretary Shinseki Announces Changes to Regulations for Agent Orange Claims, by Jonathan Rusch

On August 30, Veterans Administration (VA) Eric Shinseki announced on the White House Blog that the VA is issuing a new regulation creating presumptions that there is a service connection between exposure to Agent Orange and three diseases: Parkinson’s disease, hairy cell and other chronic B-cell leukemia, and ischemic heart disease. In the announcement, Secretary […]

Notice & Comment

International Trade/Export: Commerce Secretary Announces 14 Proposals to Strengthen U.S. Trade Law Enforcement, by Jonathan Rusch

On August 26, U.S. Secretary of Commerce Gary Locke announced 14 proposed measures – especially focused on illegal import practices from non-market economies – that, according to the Secretary, “will strengthen trade enforcement and help keep U.S companies competitive.” The 14 measures, summarized in the release, are intended to help strengthen the administration of U.S. […]

Notice & Comment

Dispute Resolution/Environment: Gulf Coast Claims Facility Begins Receiving Claims Applications, by Jonathan Rusch

On August 23, the Gulf Coast Claims Facility (GCCF), the independent fund administered by Kenneth Feinberg to handle the $20 billion being placed in escrow by BP PLC to address claims arising from the Deepwater Horizon oil spill, began to receive claims applications at its 35 facilities across the Gulf Coast. The GCCF website contains […]

Notice & Comment

Antitrust/International Law: U.K. Office of Fair Trading Issues Draft Guidelines on Antitrust Investigative Process, by Jonathan Rusch

On August 20, the United Kingdom Office of Fair Trading (OFT) issued a proposed guide to its antitrust investigation procedures under the Competition Act 1988 as a consultation paper. The OFT webpage on the paper states that the guide “is intended to give interested parties the opportunity to provide views and comments on the proposed […]

Notice & Comment

International Trade: U.S. Treasury Issues Iranian Financial Sanctions Regulations, by Jonathan Rusch

On August 16, the U.S. Department of the Treasury issued the Iranian Financial Sanctions Regulations (IFSR) to implement subsections 104(c) and 104(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA). According to Treasury, “CISADA requires the Secretary of the Treasury to issue regulations that prohibit, or impose strict conditions on, the […]

Notice & Comment

Insurance/Securities/International Law: Recent U.K. Financial Services Authority Actions, by Jonathan Rusch

Two sets of recent actions by the United Kingdom Financial Services Authority (FSA) may be of interest to insurance and financial services practitioners. First, on August 17, the FSA banned five individuals for failings related to insurance fraud. The FSA also imposed one of its largest fines of £150,000 for insurance fraud on one of […]

Notice & Comment

E-Rulemaking: Federal Times Article on DOT Pilot Project, by Jonathan Rusch

An August 22 article in Federal Times reported on a pilot project that the Department of Transportation is running, in collaboration with the Cornell e-Rulemaking Institute, to increase public participation in the rulemaking process through electronic media. The project reportedly includes the creation of a website with the URL www.regulationroom.org, an online moderator to field […]

Notice & Comment

Antitrust: Justice Department and FTC Issue Revised Horizontal Merger Guidelines, by Jonathan Rusch

On August 19, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly announced their issuance of revised Horizontal Merger Guidelines that outline the principal analytical techniques, practices, and the enforcement policy of the DOJ and the FTC Department of Justice and the Federal Trade Commission (the “Agencies”) with respect to mergers […]

Notice & Comment

Securities/Commodities: Recent SEC and CFTC Activity on Swaps, by Jonathan Rusch

On August 13, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly issued two releases pertaining to swaps. First, the SEC and CFTC announced that their staffs “will hold a public roundtable on August 20 to discuss issues related to governance and conflicts of interest in the clearing and listing […]

Notice & Comment

Homeland Security/Emergency Management: 8th Circuit Decision in Great Rivers Habitat Alliance v. FEMA, by Jonathan Rusch

On August 12th, the U.S. Court of Appeals for the Eighth Circuit, in Great Rivers Habitat Alliance v. FEMA, No. 09-3183, affirmed a decision by the U.S. District Court for the Eastern District of Missouri that the appellants had failed to exhaust their administrative remedies before the Federal Emergency Management Agency (FEMA) and that the […]