By Carol L. O’Riordan On January 5, 2017, the U.S. House of Representatives passed, pretty much along party lines, the Regulations from the Executive in Need of Scrutiny (REINS) Act. This bill, if enacted into law, would dramatically change the way that federal regulation of industry operates. The vote was 237 to 187, with all...
Tag: Securities law
It’s Time to Amend Federal Law to Protect Email Privacy
By Pamela J. Bethel A broad coalition in Congress is attempting to amend the Electronic Communications Privacy Act (ECPA) by establishing a uniform search warrant requirement that the government must follow if it wishes to ask a third-party service provider, such as Google, to disclose the content of an individual’s emails. In order to obtain your...
The Strange Case of the Paper-Napkin Conspiracy
By Pamela J. Bethel Recently, we explained, in the context of white-collar crime, why e-mail is a dangerous tool to use, even when you are not guilty, and why one should never be too complacent about what prosecutors may be up to. Here is another lesson: Even a seemingly unbreakable conspiracy can fall apart. All...
SEC Set to Create New Rules on ‘Crowdfunding’
This is the second blog post in our series about new federal regulatory initiatives in the first half of 2014. The U S. Securities and Exchange Commission has issued a notice of proposed rulemaking that will help implement a new law that permits “crowdfunding” on a limited basis for the sale of securities. Under Title...
Agencies Set to Plan Regulatory Changes in 2014
Corporate Counsel magazine recently reported that 24 federal agencies and departments have released their regulatory “to-do lists” for the first half of 2014. For example, the magazine reports, the Consumer Financial Protection Bureau is planning to begin working on Dodd–Frank reporting rules for financial institutions that receive credit applications from female- or minority-owned businesses. All...
FCPA Guide by DOJ, SEC Is a Must-Read for Corporate America
The U.S. Department of Justice and the U.S. Securities and Exchange Commission just issued a long-awaited guidance document intended to inform businesses about how to comply with the Foreign Corrupt Practices Act (FCPA), the federal law against foreign bribery. The 130-page document goes into considerable detail regarding what practices the U.S. government believes may violate...
After Delay, SEC Gets Closer to Picking Director of Minority and Women Inclusion
The Securities and Exchange Commission is finally catching up on its minority and women contracting responsibilities. On April 30, 2011, SEC Commissioner Luis A. Aguilar said in a speech, correctly, that “Section 342 of the Dodd-Frank Act requires that the SEC undertake significant efforts to recruit and promote employees from all backgrounds. In particular, Section...