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On December 18, 2020, President Trump signed the Holding Foreign
Companies Accountable Act (HFCAA) into law. Later that day, US
Securities and Exchange Commission (SEC) Chairman Jay Clayton
published a statement providing an update on a planned SEC
rulemaking in light of the enactment of the HFCAA. Noting the
significant overlap between the HFCAA and the planned SEC
rulemaking, Chairman Clayton has directed the staff to revise the
near-final rule proposal to incorporate the congressional
mandate.
The passage of the HFCAA, which mandates that the SEC adopt
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Seyfarth Synopsis: The Department of Health and Human Services (HHS) has issued a Notice of Proposed Rulemaking (NPRM) to modify the HIPAA Privacy Rule that protects the privacy and security of individuals’ protected health information (PHI) maintained or transmitted by or on behalf of HIPAA covered entities, such as employer-sponsored health plans. One of the stated purposes of the NPRM is to address some of the HIPAA Privacy Rule provisions that may limit care coordination and case management communications among individuals and healthcare providers.
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here for our related blog post on this topic. While this Update will focus on the NPRM’s impact on health plans, click
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On December 18, 2020, the US Department of Commerce Bureau of
Industry and Security (BIS) announced the designation of 60
additional Chinese companies to its Entity List, including SMIC,
China s largest semiconductor manufacturer; over 25 affiliates
of China State Shipbuilding Corporation (CSSC); and several other
companies in a range of sectors (the Designations ). As
of that date, a license is now required for any export, re-export
or transfer of technology, goods or software of items subject to US
export controls for which any of the targeted entities is a party
Wednesday, December 23, 2020
With the continuing effect of COVID-19 on the workplace and the recent roll-out of the first COVID-19 vaccine across the country, employers are increasingly concerned with how the equal employment opportunity (EEO) laws will be applied to them in their efforts to encourage or mandate employee use of the vaccine. While many questions still remain, on December 16, 2020, the Equal Employment Opportunities Commission (EEOC) issued critical updates to its COVID-19 FAQ guidance. The EEOC guidance confirms that employers may maintain mandatory COVID-19 vaccination policies as a safety-based qualification standard in the workplace. However, as with any mandatory vaccination program, an employer must follow processes for disability or religious accommodation along with other considerations. This
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On December 16, 2020, the US Securities and Exchange Commission (SEC), by a 3-2 vote, adopted final rules requiring annual disclosure on Form SD of payments by SEC reporting companies engaged in the commercial development of oil, natural gas or minerals (resource extraction issuers) to certain governmental entities. The final rules implement Section 13(q) of the Securities Exchange Act of 1934 (Exchange Act), which was added by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). Section 13(q) directs the SEC to issue rules requiring resource extraction issuers to submit an annual report containing information about payments “made by the resource extraction issuer, a subsidiary of the resource extraction issuer, or an entity under the control of the resource extraction issuer to a foreign government or the Federal Government for the purpose of the commercial development of oil, natural gas,