Notice & Comment

Notice & Comment

Notice & Comment

Securities, Commodities, and Exchanges: SEC Issues NPR on Asset-Backed Securities, by Jonathan Rusch

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 […]

Notice & Comment

Antitrust and Trade Regulation/Environmental Law: FTC Proposes Revisions to “Green Guides,” by Jonathan Rusch

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 […]

Notice & Comment

International Trade/Intellectual Property: ACTA Parties Release Draft Text of ACTA, by Jonathan Rusch

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 […]

Notice & Comment

International Trade: USTR Releases Statement of ACTA Negotiating Partners on Recent ACTA Negotiations, by Jonathan Rusch

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 […]

Notice & Comment

Securities, Commodities, and Exchanges: CFTC Issues Proposed Rules on Derivatives, by Jonathan Rusch

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 […]

Notice & Comment

Administrative Conference of the United States: ACUS Appoints Senior Fellows, Senior Counsel, by Jonathan Rusch

On October 4, the Administrative Conference of the United States (ACUS) announced the appointment of 18 Senior Fellows, including six former ACUS Chairmen and 12 other individuals with substantial prior service as ACUS government or public members. The appointments include Justice Antonin Scalia (a former ACUS Chairman) and five former Chairs of the ABA Administrative […]

Notice & Comment

Banking and Financial Services/Securities, Commodities, and Exchanges: Agency Heads Testify About Implementing Dodd-Frank, by Jonathan Rusch

On September 30, the Senate Banking Committee held a hearing on implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act. Senior officials of the Treasury Department, the Federal Reserve Board, the FDIC, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Office of the Comptroller of the Currency testified about their […]

Notice & Comment

Banking and Financial Services/Criminal Process: Treasury Department Issues Proposed Rule on Cross-Border Money Transfers, by Jonathan Rusch

On September 30, the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, issued a proposed rule “that would require certain banks and money transmitters to report to FinCEN transmittal orders associated with certain cross-border electronic transmittals of funds (CBETFs).” The proposed rule also would require all banks to file […]

Notice & Comment

Administrative Law (General): AJR Report on Lack of Watchdog Reporting on Federal Government, by Jonathan Rusch

Recently, the American Journalism Review published an online article by Jodi Enda decrying the fact that “most parts of the federal government–the very offices that write the rules and execute the decisions of Congress and the president–remain uncovered or undercovered by the mainstream media.” The article includes a highly informative interactive chart and spreadsheet detailing […]

Notice & Comment

Administrative Conference of the United States: ACUS Appoints 40 Public Members, by Jonathan Rusch

On September 28, the Administrative Conference of the United States (ACUS) announced its intention to appoint 40 public members. The list of public members includes numerous distinguished practitioners, law professors, and deans, including four former Chairs of the ABA Administrative Law and Regulatory Practice Section (Russell Frisby, Philip Harter, Ronald Levin, and Randolph May), the […]

Notice & Comment

Judicial Review/Environmental Law: Ninth Circuit Dismisses Wilderness Society Challenge to ARA Regulations, by Jonathan Rusch

On September 22, the U.S. Court of Appeals for the Ninth Circuit, in Wilderness Society v. Rey, No. 06-35565, dismissed as nonjusticiable a challenge by The Wilderness Society and other environmental groups (TWS) to revised regulations by the U.S. Forest Service under the Forest Service Decisionmaking and Appeals Reform Act (“ARA”). In 2003, according to […]

Notice & Comment

Intellectual Property/International Law: European Parliament Calls on EC to Propose EU-Wide IPR Strategy, by Jonathan Rusch

On September 22, the European Parliament, by a vote of 328 to 245, approved a report on intellectual property rights (IPR), calling on the European Commission (EC) “to propose a comprehensive strategy on IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the […]

Notice & Comment

Antitrust and Trade Regulation/International Law: U.K. Competition Commission and OFT Issue Joint Merger Guidelines, by Jonathan Rusch

On September 16, the United Kingdom Competition Commission (CC) and the Office of Fair Trading (OFT) jointly issued Merger Assessment Guidelines. This document, which supersedes various prior OFT and CC guidelines, “explains the approach of the OFT when considering whether or not to refer a merger to the CC for further investigation and the approach […]

Notice & Comment

Ethics: European Court of Justice Affirms Scope of Legal Professional Privilege, by Jonathan Rusch

On September 14, the European Court of Justice held, in Akzo Nobel Chemicals v. European Commission, No. C-550/O7 P, that the legal professional privilege did not apply to e-mail communications between a corporate oficer and a corporate in-house lawyer. The decision stemmed from a 2003 investigation by Commission oficials into alleged anticompetitive practices involving two […]