2016 revised HSR thresholds, OCIE's examination priorities, and more in this edition of Business News Digest

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2016 Revised HSR Thresholds and Hot Topics in HSR Enforcement

In late January, the Federal Trade Commission (FTC) announced its annual adjustments to the filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). Because of this year's adjustments, transactions valued at more than $78.2 million and closing on or after February 25, 2016 may trigger an HSR filing. The closing date—not the date of an agreement—determines whether the new thresholds will apply. Failure to file an HSR Notification and Report Form remains subject to a statutory penalty of up to $16,000 per day of noncompliance.

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Fund Forum – February 2016

This issue of Venable's Fund Forum features two articles on recent guidance from the SEC: the use of outsourced CCOs, and the 2016 OCIE examination priorities (details below). During this election season, we also want to remind fund managers about important political pay-to-play rules. Finally, we address a common question for foreign Exempt Reporting Advisers under Dodd-Frank: What does "exempt" mean, anyway?

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SEC's OCIE Announces Examination Priorities for 2016

The Securities and Exchange Commission (SEC) recently announced the 2016 examination priorities of its Office of Compliance Inspections and Examinations (OCIE). OCIE's 2016 examination areas primarily reflect a continuation of three thematic areas identified in 2015: (1) protecting retail investors and investors saving for retirement; (2) assessing market-wide risks; and (3) utilizing data analytics to identify and examine potential illegal activity. Additionally, the SEC identified several new areas of examination focus, including liquidity controls, public pension advisers, product promotion, and "two popular investment products" – exchange-traded funds (ETFs) and variable annuities.

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Additional Articles:

The EEOC Proposes to Require Pay Data on EEO-1s

EEOC Tackles Retaliation in Draft Update to Enforcement Guidance

Same-Sex Harassment Decisions Go Both Ways

U.S. Department of Labor Adopts Standard for Joint Employment Situations

Zika Virus: What It Does – and Does Not – Mean for U.S. Employers

Zika and Your Workplace Part Two: You and Your Pregnant Employees

CFPB Digest – CFPB Issues Policy Statement on No-action Letters, Targets a Used Car Dealer for Hidden Finance Charges, and More

CFPB Warns Data Furnishers on Reasonableness of Written Policies and Procedures: First Compliance Bulletin of the Year

Cuba and the Coming Telecom Revolution

Five Changes Coming to the MISO Generator Interconnection Procedures (GIP) in 2016

Have You Evaluated Your Products and Product Packaging for BPA Content? A Prop 65 Warning is Required Beginning in May

HIPAA Enforcement: Second Imposition of Civil Money Penalties

IP Buzz – The Importance of Expert Evidence in IPR Petitions, Art Appropriation in the News, and More

New FDA Commissioner Confirmed

New Proposed Rules Affecting Allowability of Congressional Investigation and IR&D Costs

Planning a Medical Device Marketing Submission to FDA in the Near Future? New Agency Guidance on Human Factors Reveals Agency's Expectations for PMAs, 510(k)s, and De Novo Submissions

Predicting Winners and Losers in a Post-TPP Economy

Proposed Legislation Puts the Future of 1031 Art Transactions at Risk

Reminder: February 29 Deadlines

State Attorneys General Tell Senate to HANGUP on Robocalls

Supreme Court Affirms FERC Jurisdiction over Demand Response in Organized Wholesale Markets

421-a Update: What Now for NY Residential Development?

Before You Buy That NYC Development Site, Have You Done Your 421-a and Affordable Housing Due Diligence?

Mandatory Inclusionary Housing Update: Where Are We Now?

NY Developers Take Note: City Planning Commission Approves Affordable Housing Zoning Proposals