ArticleFTC, FCC Flex MusclesDuane Morris partner Joseph Burton was featured in a video on Bank Info Security on the impact of regulators involved in cybersecurity.United StatesFinance and BankingDuane Morris LLP
ArticleHardwired For A Smoother LIBOR Transition?The London Interbank Offered Rate (LIBOR), which has served as a reference rate for approximately $350 trillion of debt and derivatives, will be phased out after December 31, 2021. United StatesFinance and BankingDuane Morris LLP
ArticleISS Issues FAQs On Director Qualification/Compensation BylawsYesterday, ISS issued FAQs explaining its views on director qualification/compensation bylaws. United StatesFinance and BankingDuane Morris LLP
ArticleJust A Snap To Huge IPOIt appears the initial public offering market is indeed waking up.United StatesFinance and BankingDuane Morris LLP
ArticleLIBOR Transition: Derivatives News From CME GroupCME Group, the Term SOFR administrator, recently made a couple of important announcements. First, its Term SOFR data are now available for licensing for use in cash market financial products and ...United StatesFinance and BankingDuane Morris LLP
ArticleMerchant Banking Investments And The Affiliation Trap: Aggregating Ownership AuthoritiesBank holding companies often hold equity stakes in portfolio companies under multiple legal authorities, but what happens when merchant banking authority combines with Section 4(c)(6) holdings? Understanding how these combined ownership positions trigger Regulation W's affiliation presumption is critical for compliance with covered transaction restrictions. United StatesFinance and BankingDuane Morris LLP
ArticleNew Interagency Rules On Expanded Examination Cycle To Take Effect On January 17, 2017Section 10(d) of the Federal Deposit Insurance Act generally requires that each insured depository institution undergo a full scope, on-site examination at least once during each 12-month period.United StatesFinance and BankingDuane Morris LLP
ArticleOCC Report Discusses Risks Facing National Banks And Federal Savings AssociationsThe report covers risks facing national banks and federal savings associations based on data through June 30, 2016.United StatesFinance and BankingDuane Morris LLP
ArticleSEC Grants Final Extension For Compliance With Auditor Attestation Of Internal Control ReportsOn October 2, 2009, the U.S. Securities and Exchange Commission (the "SEC") announced that all remaining public reporting companies will be required to fully comply with the requirements set forth in Section 404 of the Sarbanes-Oxley Act ("SOX"), beginning in June 2010. United StatesFinance and BankingDuane Morris LLP
ArticleThe Premises-Holding Company Exclusion Under Regulation W: A Narrow But Useful Carve-OutRegulation W provides a narrow exclusion from affiliate status for companies that hold bank premises, but strict conditions apply. Even minor deviations—such as leasing parking spaces to third parties or holding non-real-property assets—can disqualify the exclusion and trigger affiliate transaction restrictions. Understanding these requirements is essential for banks structuring real property holdings through separate entities. United StatesFinance and BankingDuane Morris LLP
ArticleThe Transition Away From LIBOR Gains TractionThe transition from U.S. dollar (USD) LIBOR to a more robust reference rate is a necessity. The UK's Financial Conduct Authority (FCA) is responsible for regulating LIBOR...United StatesFinance and BankingDuane Morris LLP
ArticleU.S. Aims To Increase Transparency In Order To Combat Offshore Abuses In Wake Of Release Of Panama PapersOn May 5, 2016, the Obama administration announced a series of proposals that will be sent to Congress designed to combat the disguising of international financial dealings...United StatesFinance and BankingDuane Morris LLP
ArticleWill Borrowers Pay For LIBOR Amendments?In a consensual lending world, a commercial borrower is usually obligated to pay for a lender's expenses relating to a loan. Depending on the loan agreement, the borrower might agree to pay...United StatesFinance and BankingDuane Morris LLP
ArticleA Call For Healthcare Boards To Evaluate Conflict Of InterestIn The Wharton Healthcare Quarterly, Duane Morris partner Delphine O'Rourke writes:United StatesFood, Drugs, Healthcare, Life SciencesDuane Morris LLP
ArticleAnother Positive Development For The Medical Marijuana IndustryJust one week after the DEA and FDA reiterated the federal government's willingness to allow broader research into the health benefits of cannabis, the Ninth Circuit Court of Appeals issued a decision barring the DOJ from using federal funds to prosecute individuals and businesses.United StatesFood, Drugs, Healthcare, Life SciencesDuane Morris LLP
ArticleAttorney General Announces Creation of DOJ Opioid Fraud and Abuse Detection UnitOn August 2, 2017, U.S. Attorney General Jeff Sessions announced the creation of the Opioid Fraud and Abuse Detection Unit, a Department of Justice pilot program designed to combat the opioid-addiction epidemic ravaging parts of the country.United StatesFood, Drugs, Healthcare, Life SciencesDuane Morris LLP
ArticleCan A Physician Be Too Old To Practice Medicine?And, it should never be assumed that youth assures that a physician is able to safely provide patient care.United StatesFood, Drugs, Healthcare, Life SciencesDuane Morris LLP
ArticleCertificate Of Need Laws: Desirable Or DestructiveThe Federal Trade Commission (FTC) is making headlines in Alaska, supporting a move to repeal that state's certificate of need (CON) law.United StatesFood, Drugs, Healthcare, Life SciencesDuane Morris LLP
ArticleCMS Advises That Payment Codes On Home Health Claims Will Be Matched Against OASISCMS recently issued Transmittal SE1504 entitled "Payment Codes on Home Health Claims Will Be Matched Against Patient Assessments".United StatesFood, Drugs, Healthcare, Life SciencesDuane Morris LLP