On November 11, the European Parliament, at a plenary session, announced that it had adopted a directive to impose European Union-wide rules on registration, reporting, and initial capital requirements on marketing of alternative investment funds such as hedge funds and private equity funds. The EP, which approved the directive by a vote of 513-92 with […]
On November 3, the Securities and Exchange Commission (SEC) unanimously approved two new proposed rules pursuant to provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). One proposed rule, according to the SEC release, would “help prevent fraud, manipulation, and deception in connection with security-based swaps.” It would do so by ensuring […]
On November 11, the European Union (EU) Competitiveness Council of Ministers will meet in extraordinary session in Brussels to revisit the issue of an improved EU patent system. Noting that “[o]btaining a patent in Europe currently costs ten times more than in the US,” the Council meeting notice indicated that the Council will be considering […]
From October 14 through November 3, the Commodity Futures Trading Commission (CFTC) published in the Federal Register a series of nine sets of proposed rules and interim final rules to implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The notices include an interim final rule for reporting pre-enactment swap […]
On October 26, the Financial Crimes Enforcement Network (FinCEN) published in the Federal Register its final notice transferring and reorganizing the Bank Secrecy Act (BSA) regulations in 31 C.F.R. to a new chapter. The notice explains that the BSA regulations in the new chapter “are generally reorganized by financial industry. Moving the BSA regulations to […]
On October 18, the Financial Crimes Enforcement Network (FinCEN) announced the release of a new study analyzing Suspicious Activity Reports (SARs) citing identity theft. According to FnCen, the study “shows while suspected cases of identity theft are on the rise, vigilant financial institution employees are reportedly rejecting over half of fraudulent vehicle or student loans […]
On October 14, the United Kingdom Department for Business, Innovation and Skills announced proposals to strengthen competition regulation by merging the Competition Commission (CC) and the competition functions of the Office of Fair Trading (OFT) to form a single competition and markets authority. The OFT, the presumptive survivor of the proposed merger, issued a supportive […]
On October 14, the Canadian Federal Court held, in Amazon.com, Inc. v. Canada (Attorney General), No. T-1476-09, that Amazon’s “one-click” online ordering system was a “business method” that was patentable under section 2 of the Patent Act, R.S.C. 1985, c. P-4. In doing so, the Federal Court overruled a decision by the Canadian Patents Commissioner. […]
On October 8, the U.S. Parole Commission issued a proposed rule that would amend the Offense Behavior Severity Index in its paroling policy guidelines to equalize the ratings for crack cocaine and powder cocaine offenses. Comments may be submitted by the Regulations.gov e-Rulemaking portal, or by mail or fax, but must be received by December […]
On October 18, Cardozo Law School in New York will conduct a day-long Festschrift for Paul Verkuil, who left the Cardozo faculty to serve as Chairman of the Administrative Conference of the United States. According to the Cardozo release, distinguished speakers will include Justice Stephen Breyer, Preeta Bansal of OMB, and 15 other distinguished legal […]
On October 4, the Securities and Exchange Commission (SEC) issued a notice of proposed rulemaking to require issuers of asset-backed securities (ABS), and credit rating agencies that rate ABS, to provide investors with new disclosures about representations, warranties, and enforcement mechanisms. As the SEC release about the proposed rulemaking states, section 943 of the Dodd-Frank […]
On October 6, the Federal Trade Commission (FTC) issued proposed revisions to its so-called “Green Guides,” the guidance that it gives marketers to help them avoid making misleading environmental claims. The proposed changes, according to the FTC’s release, “include new guidance on marketers’ use of product certifications and seals of approval, ‘renewable energy’ claims, ‘renewable […]
On October 6, U.S. Trade Representative Ron Kirk issued a statement in which he announced the public release of the draft text of the Anti-Counterfeiting Trade Agreement (ACTA) by the ACTA parties, after the conclusion of what the statement termed “the final round of negotiations” in Tokyo on October 2. The statement also noted that […]
On October 1, the Office of the U.S. Trade Representative (USTR) issued a statement of the Anti-Counterfeiting Trade Agreement (ACTA) negotiating partners about the recent round of ACTA negotiations in Tokyo. The statement noted, in part, that “[p]articipants in the negotiations constructively resolved nearly all substantive issues and produced a consolidated and largely finalized text […]
On October 1, at a public meeting, the Commodity Futures Trading Commission (CFTC) announced a first series of proposed regulations pertaining to derivatives, pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act. One proposed rule would establish financial resources requirements for derivatives clearing organizations (DCOs) and systemically important DCOs (SIDCOs). The CFTC also […]