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The first quarter of 2012 presented a mixed bag for the U.S. DOJ in FCPA enforcements.

The third quarter demonstrated that the Foreign Corrupt Practices Act ("FCPA") continues to hold the attention of a broad audience, including in the courtroom.

On July 25, 2012, the Court of Appeals for the Third Circuit Court in In re American Capital Equipment, LLC1 affirmed the bankruptcy court’s decision finding (a) at the disclosure statement stage, that the debtors’ chapter 11 plan was patently unconfirmable and (b) converting the chapter 11 case to chapter 7.

On February 4, 2013, the Internal Revenue Service issued final regulations relating to the tax treatment of noncompensatory partnership options.

Comments are due in a month on a proposed rule ("Proposed Rule") issued by the Federal Reserve Board (the "Board") on a provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("DFA") requiring mortgage lenders to take into account a borrower’s ability to repay when making a mortgage loan.

As a follow up to the Consumer Financial Protection Bureau’s ("CFPB") June 2011 notice of proposed rulemaking ("Notice") on determining which markets it should cover and which entities in such markets should be deemed "larger participants" under its nonbank supervision program, the agency issued its first proposed rule defining "larger participants" ("Proposal").

On December 5, 2011, the Bureau of Consumer Financial Protection ("CFPB") published in the Federal Register a notice and request for comment ("Notice") soliciting suggestions from the public for streamlining the consumer financial protection regulations that it inherited from other federal regulators under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("DFA" or "Dodd- Frank Act").

Meeting a primary objective of Director Patricia Shiu’s initial regulatory agenda, on April 26, 2011, the Department of Labor’s Office of Federal Contract Compliance Programs ("OFCCP") published a Notice of Proposed Rule Making (the "Proposed Regulations") substantially rewriting, and materially increasing the obligations of federal contractors to take affirmative action to employ and to advance in employment qualified protected veterans.

The CFTC recently adopted final amendments to the compliance obligations of commodity pool operators and commodity trading advisors that, among others, would rescind or modify several CFTC registration exemptions and exclusions commonly relied upon by registered investment companies.

The final quarter of 2012 was a relatively quiet one, with the U.S. Department of Justice and U.S. Securities and Exchange Commission declining more corporate enforcement actions than they settled.

On February 22, 2013, the United States Department of Labor’s Occupational Health and Safety Administration published an interim final rule, effective February 27, 2013, setting forth procedures governing whistleblower complaints under the Patient Protection and Affordable Care Act.

Reverse merger companies, which are formed when a public "shell company"1 survives a merger with a private operating company, have recently been subject to numerous federal securities fraud lawsuits and Securities and Exchange Commission ("SEC") enforcement actions and penalties due to concerns relating to accounting irregularities and other disclosure issues.

Since the start of the 2008 financial crisis, the Federal Banking Agencies have keenly focused on balance sheet issues, on both an institutional and systemic basis.

A discussion on the subject of a new tax on the value of the transfer.

On November 29, 2012, the Consumer Financial Protection Bureau ("CFPB") issued a bulletin ("Bulletin") warning that Nationwide Specialty Consumer Reporting Agencies ("NSCRA") who are not compliant with the Fair Credit Reporting Act’s ("FCRA") Regulation V must "take immediate steps to comply."