Tag: regulation

fines against banks declined in 2021

Fifth Circuit Halts Corporate Transparency Act Amid Constitutional Challenge

The United States Court of Appeals for the Fifth Circuit ruled that the Corporate Transparency Act (“CTA”) is once again being put on hold as the court assesses its constitutional validity. The CTA is a law that is purposed for requiring businesses to disclose the identities of their beneficial owners. Read More

Court Invalidates Nasdaq Board Diversity Requirements

A U.S. Court of Appeals court ruled that Nasdaq can no longer enforce its board diversity rules, vacating the Securities and Exchange Commission’s approval of a rule that requires disclosure of each board member’s racial, gender, and LGBTQ+ identification. The court found that the SEC went beyond the scope of Read More

Looking for hidden Junk Fees

FTC Finalizes Rule that Aims to End Hidden ‘Junk Fees’

The Federal Trade Commission announced that it has finalized a Junk Fees Rule which essentially prohibits businesses in the live-event ticketing and short-term lodging industries from using bait-and-switch pricing and other tactics used to hide total prices and bury “junk fees.” The rule will ensure that pricing information is provided Read More

Compliance challenges of work from home

Managing Compliance in a Remote Work Environment

W e all know about the great migration to “work from home” that occurred during COVID-19 pandemic starting in 2020 and lasting into 2021 and 2022. While many organizations have moved employees back to the office for some or part of the work week, the remote work movement has remained Read More

The Battle over the Ban of Noncompetes Continues as FTC Receives Unfavorable Ruling

In April 2023, the Federal Trade Commission announced that that it would be banning noncompete agreements in order to promote competition. Although this historic announcement was meant to change the entire landscape of the employment industry within the U.S., the FTC’s push to ban these agreements raised much skepticism from Read More

SEC seal

Supreme Court Curtails SEC’s Use of In-House Tribunals for Civil Penalties

In a landmark case, the Supreme Court has struck down the Securities and Exchange Commission’s authority to use in house-tribunals when seeking civil penalties against those accused of securities fraud. The Court, in the case of SEC v. Jarksey, ruled that when the SEC seeks civil penalties from defendants for Read More

Supreme Court ruling

Supreme Court Strikes Down Chevron Doctrine, Weakening Federal Regulation

In a major judicial ruling, the Supreme Court overruled a long-standing doctrine that permitted courts to defer to federal agencies on the interpretations of ambiguous laws. In the case of Loper Bright Enterprises v. Raimondo, the Court invalidated the “Chevron Deference” doctrine which effectively shifts the power to interpret complex Read More

SEC Cyber Reporting

SEC’s Cyber-Rule Enforcement a Prime Worry for Compliance

According to a 2024 Cybersecurity Benchmarking Survey, 45 percent of surveyed compliance personnel from asset management, investment adviser and private market firms have expressed concerns about how the Securities and Exchange Commission (SEC) will enforce its newly developed cybersecurity rules.  The ACA Group and National Society of Compliance Professionals released Read More

EU Passes World’s First Comprehensive AI Law

The European Parliament approved the Artificial Intelligence Act (AIA), a regulation aimed at ensuring safety and compliance with fundamental rights, while boosting innovation within the artificial intelligence (AI) context. AIA, which is set take effect in increments over the next few years, ultimately establishes obligations for AI based on its Read More