Notice & Comment

Legacy ABA AdLaw Section Notice and Comment Blog

Notice & Comment

Dispute Resolution/Environment: Gulf Coast Claims Facility Begins Receiving Claims Applications, by Jonathan Rusch

On August 23, the Gulf Coast Claims Facility (GCCF), the independent fund administered by Kenneth Feinberg to handle the $20 billion being placed in escrow by BP PLC to address claims arising from the Deepwater Horizon oil spill, began to receive claims applications at its 35 facilities across the Gulf Coast. The GCCF website contains […]

Notice & Comment

Antitrust/International Law: U.K. Office of Fair Trading Issues Draft Guidelines on Antitrust Investigative Process, by Jonathan Rusch

On August 20, the United Kingdom Office of Fair Trading (OFT) issued a proposed guide to its antitrust investigation procedures under the Competition Act 1988 as a consultation paper. The OFT webpage on the paper states that the guide “is intended to give interested parties the opportunity to provide views and comments on the proposed […]

Notice & Comment

International Trade: U.S. Treasury Issues Iranian Financial Sanctions Regulations, by Jonathan Rusch

On August 16, the U.S. Department of the Treasury issued the Iranian Financial Sanctions Regulations (IFSR) to implement subsections 104(c) and 104(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA). According to Treasury, “CISADA requires the Secretary of the Treasury to issue regulations that prohibit, or impose strict conditions on, the […]

Notice & Comment

Insurance/Securities/International Law: Recent U.K. Financial Services Authority Actions, by Jonathan Rusch

Two sets of recent actions by the United Kingdom Financial Services Authority (FSA) may be of interest to insurance and financial services practitioners. First, on August 17, the FSA banned five individuals for failings related to insurance fraud. The FSA also imposed one of its largest fines of £150,000 for insurance fraud on one of […]

Notice & Comment

E-Rulemaking: Federal Times Article on DOT Pilot Project, by Jonathan Rusch

An August 22 article in Federal Times reported on a pilot project that the Department of Transportation is running, in collaboration with the Cornell e-Rulemaking Institute, to increase public participation in the rulemaking process through electronic media. The project reportedly includes the creation of a website with the URL www.regulationroom.org, an online moderator to field […]

Notice & Comment

Antitrust: Justice Department and FTC Issue Revised Horizontal Merger Guidelines, by Jonathan Rusch

On August 19, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly announced their issuance of revised Horizontal Merger Guidelines that outline the principal analytical techniques, practices, and the enforcement policy of the DOJ and the FTC Department of Justice and the Federal Trade Commission (the “Agencies”) with respect to mergers […]

Notice & Comment

Securities/Commodities: Recent SEC and CFTC Activity on Swaps, by Jonathan Rusch

On August 13, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly issued two releases pertaining to swaps. First, the SEC and CFTC announced that their staffs “will hold a public roundtable on August 20 to discuss issues related to governance and conflicts of interest in the clearing and listing […]

Notice & Comment

Homeland Security/Emergency Management: 8th Circuit Decision in Great Rivers Habitat Alliance v. FEMA, by Jonathan Rusch

On August 12th, the U.S. Court of Appeals for the Eighth Circuit, in Great Rivers Habitat Alliance v. FEMA, No. 09-3183, affirmed a decision by the U.S. District Court for the Eastern District of Missouri that the appellants had failed to exhaust their administrative remedies before the Federal Emergency Management Agency (FEMA) and that the […]

Notice & Comment

Banking and Financial Services: Federal Regulators’ ANPR on Alternatives to Use of Credit Ratings in Regulatory Capital Guidelines, by Jonathan Rusch

On August 10, the Federal Reserve Board of Governors, the FDIC, the Office of the Comptroller of the Curency, and the Office of Thrift Supervision jointly issued an Advance Notice of Proposed Rulemaking (ANPR) regarding alternatives to the use of credit ratings in the four agencies’ risk-based capital rules for banking organizations. A joint release […]

Notice & Comment

Trade Regulation: FTC Amendment of Telemarketing Sales Rule to Cover Debt Relief Services, by Jonathan Rusch

On August 10, the Federal Trade Commission published amendments to its Telemarketing Sales Rule, which prohibits certain unfair or deceptive telemarketing acts or practices. The FTC’s summary of the amendments states that they “define debt relief services, prohibit debt relief providers from collecting fees until after services have been provided, require specific disclosures of material […]

Notice & Comment

Environment: August 25 Meeting of BP Deepwater Horizon Oil Spill Commission, by Jonathan Rusch

The U.S. Department of Energy announced that the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling will hold an open meeting on August 25. The Commission, which was organized under the Federal Advisory Committee Act, will meet from 9:00 a.m. to 5:00 p.m. at the Ronald Reagan Building and International Trade […]

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Securities/Commodities: SEC “Comment and Notice” Process on Dodd-Frank Provisions, by Jonathan Rusch

In a little-noticed announcement on July 27, Securities and Exchange Commission (SEC) Chair Mary L. Schapiro announced that the SEC will make it easier for the public to provide comments as the SEC “sets out to make rules required under the Dodd-Frank Wall Street Reform and Consumer Protection Act.” Under the SEC’s new process, “the […]

Notice & Comment

Antitrust/Insurance: Senate Bill Would Grant FTC Oversight Over Insurance Issuers, by Jonathan Rusch

On August 2, Senator Mark L. Pryor (D-AR) introduced S. 3685, the Insurance Competition and Transparency Act of 2010. In brief, the bill would authorize the Federal Trade Commission, notwithstanding the provisions of the McCarran-Ferguson Act, to use the authority described in section 6 of the Federal Trade Commission Act “to conduct studies, prepare reports, […]

Notice & Comment

International Trade: Treasury List of Iranian Government-Owned or Controlled Businesses, by Jonathan Rusch

On August 4, the U.S. Department of the Treasury, pursuant to the Iranian Transactions Regulations, issued a press release listing 21 entities in Iran’s banking, insurance and investment, mining, and engineering industries that were determined to be owned or controlled by the Government of Iran. As guidance by Treasury’s Office of Foreign Assets Control make […]