Notice & Comment

Legacy ABA AdLaw Section Notice and Comment Blog

Notice & Comment

Criminal Process/Insurance: Second Circuit Vacates GenRe Convictions, Remands for New Trial, by Jonathan Rusch

On August 2, the U.S. Court of Appeals for the Second Circuit vacated the convictions of four executives of General Reinsurance Corporation (“Gen Re”) and one of American International Group, Inc. (“AIG”) on charges of of conspiracy, mail fraud, securities fraud, and making false statements to the Securities and Exchange Commission, and remanded the case […]

Notice & Comment

Banking and Financial Services: Consumer Financial Protection Bureau Issues Interim Rule on Investigations, by Jonathan Rusch

On July 22, the Consumer Financial Protection Bureau (CFPB)) issued an interim rule, with request for public comment, setting forth its rules relating to investigations. These rules are to govern investigations undertaken pursuant to section 1052 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5562), which authorizes the CFPB to investigate whether persons […]

Notice & Comment

Energy: President Obama Announces 54.5 MPG Fuel Efficiency Standard, by Jonathan Rusch

On July 29, President Obama announced an agreement with 13 major automakers to increase fuel economy to 54.5 miles per gallon for cars and light-duty trucks by model year 2025. The announcement noted that the President “was joined by Ford, GM, Chrysler, BMW, Honda, Hyundai, Jaguar/Land Rover, Kia, Mazda, Mitsubishi, Nissan, Toyota and Volvo – […]

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Environmental and Natural Resources Regulation/Homeland Security: NIOSH Issues Report on Link Between September 11 World Trade Center Attacks and Cancer, by Jonathan Rusch

On July 26, the National Institute of Occupational Safety and Health (NIOSH), a component of the Centers for Disease Control and Prevention, issued its first periodic report examining the scientific and technical literature with respect to a possible link between the September 11 World Trade Center (WTC) attacks and the incidence of cancer. NIOSH concluded […]

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International Trade/Securities, Commodities, and Exchanges: State Department Issues Statement on Implementation of Dodd-Frank Congo Conflict Minerals Provision, by Jonathan Rusch

On July 15, the Department of State issued a statement concerning implementation of section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). Section 1502 pertains to reporting requirements established for certain companies on whether they use certain minerals sourced from the eastern Democratic Republic of the Congo (DRC) that have helped […]

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Antitrust and Trade Regulation/International Law: U.K. Office of Fair Trading Publishes Guidance on Competition Law, by Jonathan Rusch

On June 27, the United Kingdom Office of Fair Trading (OFT) issued two new sets of guidance on compliance with United Kingdom competition law. The OFT, which worked with business groups to develop the new guidance, stated in a press release that the first guide, How Your Business Can Achieve Compliance, “is aimed at businesses […]

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Banking and Financial Services/Securities, Commodities, and Exchanges: GAO Issues Report on Agencies’ Fiscal Resources to Implement Dodd-Frank Regulatory Reform, by Jonathan Rusch

On July 14, the General Accountability Office issued a report setting forth reporting by 11 regulatory agencies on the fiscal resources they estimated to be available to implement regulatory reform under the Dodd-Frank Wall Street Reform Act. The report noted that the amount of new funding the agencies reported as associated with implementing Dodd-Frank varied […]

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Intellectual Property/International Law: European Court of Justice Rules Online Retailers May Be Liable for Users’ Sales of Infringing Goods, by Jonathan Rusch

On July 12, in L’Oreal SA v. eBay International AG, Case C-324/09, the European Court of Justice issued a decision in which it indicated that online auction services such as eBay may be liable when users of such services offer for sale goods that infringe on intellectual property rights. The case came to the European […]

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Regulatory Policy/Rulemaking: President Extends Reg-Streamlining Directive to Independent Agencies, by Jonathan Rusch

On July 11, President Obama issued an Executive Order that directs independent regulatory agencies, including the Consumer Product Safety Commission, the Federal Trade Commission, the Federal Communications Commission, and the Securities and Exchange Commission, to take — as Director of the Office of Information and Regulatory Affairs Cass Sunstein stated in his White House blog […]

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Antitrust and Trade Regulation: Justice Department, FTC Announce Changes in Hart-Scott-Rodino Form, by Jonathan Rusch

On July 7, the Department of Justice’s Antitrust Division and the Federal Trade Commission announced that they “have made changes to reduce the filing burden and streamline the form parties must file when seeking antitrust clearance of proposed mergers and acquisitions under the Hart-Scott-Rodino (HSR) Act and the Premerger Notification Rules.” According to the Justice […]

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Antitrust and Trade Regulation: U.S., Chinese Authorities Sign Antitrust Memorandum of Understanding, by Jonathan Rusch

On July 27, Assistant Attorney General Christine Varney of the Department of Justice’s Antitrust Division and Federal Trade Commission (FTC) Chairman Jon Leibowitz signed an antitrust memorandum of understanding (MOU) with China’s three antitrust agencies to promote communication and cooperation among the agencies in the two countries. The MOU sets out a two-part framework for […]

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Antitrust and Trade Regulation: Justice Department Issues Updated Policy Guide to Merger Remedies, by Jonathan Rusch

On June 17, the Antitrust Division of the Department of Justice issued an updated Policy Guide to Merger Remedies. The Guide, which updates the Antitrust Division’s 2004 guidance, states that “it is intended to provide guidance to Antitrust Division staff in their work analyzing proposed remedies for mergers.” It includes material on key principles in […]

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Environmental and Natural Resources Regulation: EPA Issues Proposed Rulemaking on Nitrogen Oxides Standards for Aircraft Gas Turbine Engines, by Jonathan Rusch

On July 6, the Environmental Protection Agency (EPA) announced that it is publishing a proposed rulemaking to adopt the oxides of nitrogen (NOx) emission standards approved by the United Nations’ International Civil Aviation Organization (ICAO) for aircraft gas turbine engines. Comments will be accepted for 60 days after the date that the proposal is published […]

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Criminal Process/Environmental Law: Company Executive Pleads Guilty to Criminal Clean Air Act Violations, by Jonathan Rusch

On July 6, the vice-president and general manager of the Pelican Refinery in Lake Charles, Louisiana, pleaded guilty in the U.S. District Court for the Western District of Louisiana to federal negligent endangerment charges under the Clean Air Act. According to the U.S. Attorney’s Office press release, the defendant, who oversaw operations at the Lake […]