News & Analysis as of

Good Faith Final Rules

Seyfarth Shaw LLP

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

Seyfarth Shaw LLP on

The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

Proskauer Rose LLP

Final Ruling in Serta Reaches Decision on “Open Market Purchase”

Proskauer Rose LLP on

Background In November 2016, Serta Simmons Bedding, LLC and certain affiliates (collectively, the “Debtors”) entered into credit facilities which provided for (i) $1.95 billion in first lien term loans (the “2016 Credit...more

Mintz - Securities & Capital Markets...

SEC Adopts Amendments to Rule 10b5-1 Insider Trading Arrangements

On December 14, 2022, the Securities and Exchange Commission adopted final rules amending Rule 10b5-1 under the Securities Exchange Act of 1934, as amended, to impose new conditions to the availability of the Rule 10b5-1...more

Foley & Lardner LLP

SEC Adopts Final Rules Regarding 10b5-1 Trading Plans and Disclosure of Insider Trading Policies and Related Matters

Foley & Lardner LLP on

On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules (1) adding new conditions applicable to Rule 10b5-1 trading plans, (2) requiring disclosure of insider trading policies and...more

King & Spalding

Departments Issue Final No Surprises Act Dispute Resolution Rule and Other Guidance

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On August 19, 2022, the Departments of Health and Human Services, Labor, and the Treasury (the Departments) issued a long-awaited final rule (the Final Rule) on the Independent Dispute Resolution (IDR) Process under the No...more

Sheppard Mullin Richter & Hampton LLP

Federal Government Announces Enforcement Discretion, Deferral For Certain Price Disclosures And Future Rulemakings

Health plans and issuers racing to implement overlapping price transparency and disclosure requirements in response to the Transparency in Coverage final rule (TiC Final Rule) and the Consolidated Appropriations Act, 2021...more

Holland & Hart LLP

FAR Council Finalizes Small Business Subcontracting Rules

Holland & Hart LLP on

The FAR Council recently published a series of final rules amending several FAR provisions relating to limitations on subcontracting. These amendments “advance the interests of small business prime contractors by making it...more

Bradley Arant Boult Cummings LLP

FAR Limitation on Subcontracting Rules Are Finally Here!

In 2016, the Small Business Administration (SBA) updated its regulations pertaining to limitations on subcontracting. Five years later, on August 11, 2021, the Federal Acquisition Regulation (FAR) Council finally followed...more

King & Spalding

Federal Trade Commission Issues New “Made In USA” Regulations

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Creates New Enforcement Tools And Applies The Rule To Labels “Appearing In All Contexts” (i.e., On Product Packaging Or Online) - On July 1, 2021, the Federal Trade Commission (“FTC”) approved a final rule to implement new...more

Goodwin

CFPB To Revisit Trump-Era QM Final Rules

Goodwin on

In this Issue. The Consumer Financial Protection Bureau (CFPB) issued a statement announcing its intention to revisit Trump-era qualified mortgage (QM) final rules; the Biden Administration announced changes to the Small...more

Foley & Lardner LLP

The Department of Labor Speaks - New Safe Harbor and COVID-19 Guidance for Retirement Plan Electronic Disclosures

Foley & Lardner LLP on

Bottom Line: The Department of Labor (DOL) has released new guidance for retirement plans to meet their ERISA disclosure obligations: an additional safe harbor for electronic disclosure of retirement plan ERISA-required...more

Bass, Berry & Sims PLC

What Healthcare Providers Need to Know About the Information Blocking Rules

Bass, Berry & Sims PLC on

On March 9, 2020, the U.S. Department of Health and Human Services (HHS) published final rules to implement the information blocking prohibitions of the 21st Century Cures Act (Information Blocking Rules). The Information...more

Goodwin

Financial Services Weekly Roundup: SBA Provides Guidance On Borrower’s Good Faith Certification

Goodwin on

In This Issue. The Small Business Administration (SBA) provided guidance on a borrower’s good faith certification on the necessity of Paycheck Protection Program (PPP) loan requests, announcing a safe harbor regarding this...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Pillsbury Winthrop Shaw Pittman LLP

SBA Issues Final Rule Impacting Small Business Regulations

The final rule revises and clarifies numerous provisions in the Small Business Administration’s regulations. SBA revised the limitation on subcontracting rules for set-aside service contracts by excluding direct costs such...more

McDermott Will & Emery

CMS Aims to Stabilize Exchanges but Does Not Address Issuers’ Biggest Questions

McDermott Will & Emery on

CMS recently released a final rule with the goal of stabilizing Exchange markets for 2018. The agency also issued several significant guidance documents where CMS extended the deadlines for 2018 rate and Exchange qualified...more

Manatt, Phelps & Phillips, LLP

Regulators Demand “Good Faith Efforts” for TRID Implementation

Why it matters - Federal regulators said they don’t expect perfection from banks trying to comply with the new mortgage disclosure requirements but will not turn a blind eye with regard to enforcement. In letters to...more

Morgan Lewis

IRS Publishes Final Regulations for Equivalency Determinations

Morgan Lewis on

Take note of these practical concerns for private foundations making grants to foreign organizations. On September 25, the Internal Revenue Service (IRS) published final regulations for private foundations making good...more

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