News & Analysis as of

Advisory Opinions

McCarter & English, LLP

DCCC Files Complaint Against FEC for Not Issuing an Advisory Opinion

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The Democratic National Congressional Campaign Committee (DCCC) filed a complaint against the Federal Election Commission (FEC) last week claiming that the FEC is not enforcing contribution limits for coordinated expenditures...more

Gardner Law

OIG’s Perspective on Discount and Refund Programs

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The U.S. Department of Health and Human Services Office of Inspector General (HHS OIG) recently issued Advisory Opinion No. 24-04, which primarily addressed a Refund Program offered by a U.S. pharmaceutical company affiliate....more

King & Spalding

Biden Administration Issues Proposed Rule Targeting “Connected Vehicles” Tied to China or Russia

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The Proposed Rule imposes substantial new reporting, diligence, and compliance obligations for companies in the automotive supply chain - On September 26, 2024, the U.S. Department of Commerce’s Bureau of Industry and...more

Holtzman Vogel Baran Torchinsky & Josefiak

FEC Advisory Opinion Requests: Fundraising, Election Advertisements and Use of Campaign Funds for Dependent Care Expenses

Today, the Federal Election Commission (“FEC”) considered three advisory opinion requests that will have a tremendous impact on fundraising efforts, election advertisements, and the use of campaign funds to pay for childcare...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Guidelines for Medical Debt Collection

On October 1, the CFPB issued an advisory opinion highlighting that debt collectors engaging in certain practices with respect to the collection of medical debts are strictly liable under the FDCPA and Regulation F....more

Akin Gump Strauss Hauer & Feld LLP

Commerce Issues Proposed ICTS Regulations That Would Disrupt Connected Vehicle Supply Chains Involving China and Russia

On September 26, 2024, the Office of Information Communications Technology Services (OICTS) within the Bureau of Industry and Security of the U.S. Department of Commerce published a long-awaited proposed rule to regulate the...more

Troutman Pepper

CFPB Intensifies Scrutiny on Medical Debt Collection Practices

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On October 1, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion aimed at debt collectors and emphasizing their obligations under the Fair Debt Collection Practices Act (FDCPA) and Regulation...more

McDermott Will & Emery

ITFA Is Alive and Well: New York Advisory Opinion Reaffirms Sales Tax Exemption for Internet Access Services

McDermott Will & Emery on

In its latest Advisory Opinion, TSB-A-24(4)S (June 26, 2024), the New York State Department of Taxation and Finance (the Department) reaffirmed the broad protections offered by the Internet Tax Freedom Act (ITFA) against...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance - Holtzman Vogel's September 2024 Round-Up

FEC Advisory Opinion Approves Federal Candidate Request to Add Super PAC to Joint Fundraising Committee - In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of...more

Bass, Berry & Sims PLC

More Losses than Gains? OIG Declines to Approve Certain Medicare Advantage Gainsharing Arrangements in Advisory Opinion 24-08

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On September 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 24-08, in which it declined to approve a proposal by a Medicare Advantage organization (MAO)...more

McDermott Will & Emery

Healthcare Regulatory Check-Up Newsletter | July 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including a final rule on provider...more

King & Spalding

OIG Issues Favorable Advisory Opinion Regarding Proposed Patient Assistance Program Operated by a Nonprofit Grant-Making...

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On August 20, 2024, OIG issued Advisory Opinion No. 24-07 in which it responded to a request for an advisory opinion regarding a nonprofit grant-making organization’s (Requestor) proposal to fund a patient assistance program...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be...more

Holtzman Vogel Baran Torchinsky & Josefiak

FEC Advisory Opinion Approves Federal Candidate Request to Add Super PAC to Joint Fundraising Committee

In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of Senator Lindsey Graham, to add a Super PAC to an existing joint fundraising committee named Graham Majority...more

Hudson Cook, LLP

CFPB Bites of the Month - August 2024 - All That's Left of the CFPB's Summer Sky

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In this month's article, we share some of our top "bites" for the prior and current month covered during the August 2024 webinar....more

Bricker Graydon LLP

[Event] Reports, Receipts, and Results: Ohio Ethics and Campaign Finance Law Refresher and Secretary of State Presentation -...

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Bricker Graydon is pleased to present a refresher on Ohio ethics laws, campaign finance compliance, and a presentation from the Ohio Secretary of State about the Secretary’s public integrity division, which was created in...more

Davis Wright Tremaine LLP

CFPB Takes Aim at Earned Wage Access Products as Regulated Loans

The Consumer Financial Protection Bureau (CFPB) proposed an interpretive rule that would extend Truth in Lending Act (TILA) and Regulation Z (Reg Z) compliance requirements to many existing earned wage access (EWA) products....more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's July 2024 Round-Up

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

Bass, Berry & Sims PLC

OIG Advisory Opinion 24-03 Greenlights Travel and Lodging Assistance for Gene Therapy Patients

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On June 17, the U.S. Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion 24-03, approving an arrangement under which a pharmaceutical manufacturer provides travel, lodging, and...more

Goldberg Segalla

ITLOS Issues Historic Advisory Opinion on Climate Change and International Law

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On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) published what has been deemed as an “historic” and “unprecedented” advisory opinion on climate change, international law, and on state obligations...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's May 2024 Round-Up

At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve an advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited funds,...more

Latham & Watkins LLP

International Tribunal on the Law of the Sea Issues Landmark Advisory Opinion on Climate Change

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The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement. On 9 April 2024, the International...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

EDRM - Electronic Discovery Reference Model

[Webinar] "My AI Did It!" Is No Excuse for Unethical or Unprofessional Conduct: Consideration of recent case law and ethics...

Consideration of ethical and professional issues raised by Florida attorneys use of AI, including the following: - Florida Bar Ethics Opinion 24-1 (01/19/24). (Copy to be provided for download.) Overview of the opinion...more

Troutman Pepper

Massachusetts Issues Advisory Opinion With Implications for Private Equity Firms’ Use of AI

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Troutman Pepper's latest white paper explores the heightened focus on artificial intelligence (AI) by various state attorneys general (AGs), particularly in relation to data privacy laws, consumer protection statutes, and...more

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