Category:

Compliance Spotlight

Amateur Athletics Governance: Tumbling Over Misconduct Reporting

Congress has enhanced government oversight of amateur sports in response to numerous allegations in recent years targeting amateur sports governing bodies’ failures to address physical and mental misconduct. New legislation is expected to make significant reforms by requiring training, reporting, and a new system to manage allegations of of sexual abuse, among other changes.

Compliance Spotlight: Lucas Nelson, Medpharm

Lucas Nelson is the General Manager at Medpharm. Medpharm is a vertically integrated cannabis operator based out of Des Moines, Iowa. Medpharm holds two of Iowa’s five dispensary licenses and is the only licensed cultivator. They are one of only two dispensaries currently operating in the state. Mr. Nelson holds a Juris Doctor from Indiana University Maurer School of Law and a Bachelor of Business Administration in Accounting from James Madison University. 

Open Meetings and Government Transparency in the Wake of COVID-19

On March 16, 2020, Governor JB Pritzker issued Executive Order 2020-07 which, among other things, suspended certain provisions of the Illinois Open Meetings Act (“OMA”), an act which ensures transparency regarding meetings, discussions, and actions taken by public actors concerning public business.  The executive order was a response to the practical challenges to compliance with the OMA’s in-person and physical quorum requirements facing local governments as they grapple with restrictions on public gatherings due to the public health threat of COVID-19, declared an emergency in Illinois by Pritzker’s Gubernatorial Disaster Declaration on March 12, 2020.  Since March, Pritzker has continued to re-issue and extend COVID-19-related executive orders and the disaster declarations, including the executive actions identified above and their restrictions and suspensions applicable to the OMA, most recently through Executive Order 2020-55 on September 18, 2020.  While the suspensions through executive order have provided a temporary solution allowing local governments to comply with the OMA in such an emergency situation, the Illinois legislature took it upon itself to address the issue permanently by amending the OMA statute.

The NCAA and COVID-19: How are Student Athletes Impacted?

Sarah Suddarth Associate Editor Loyola University Chicago School of Law, JD 2021   The COVID-19 pandemic has caused disruption to everyone’s lives, and student athletes are no exception. The unprecedented situation has presented many questions and the National Collegiate Athletic Association (“NCAA”) has attempted to answer many of those questions coming directly from the displaced …
Read more

Action Against Individuals Regarding Fraudulent Genetic Testing

Michael Manganelli Associate Editor Loyola University Chicago School of Law, JD 2021 In October 2019, The Department of Justice (“DOJ”) announced a multi-agency and multi-state coordinated law enforcement action against 35 individuals involved in an alleged $2.1 billion genetic cancer testing scheme. The alleged scheme involved the payment of illegal kickbacks and bribes to medical professionals …
Read more

NCAA and Student Athlete Mental Health: How to Make Help Accessible

In a previous article, I discussed the mental health crisis facing student athletes across the country. I called on the NCAA, individual universities, and all coaches to increase efforts to improve the overall health and wellness of their athletes. The stigma is slowly being tackled, making it more commonplace for athletes to speak out when they need help. But how can athletic departments make these services readily available and accessible for student athletes? The NCAA recommends a well-trained psychologist to be a part of athletic departments’ staff. There are, however, other models being utilized.

Financial Fair Play’s Impact on European Football

In the past 12 years, Manchester City has seen a dramatic rise to the European Elite. In 2008, Sheikh Mansour, who has ties to the United Arab Emirates’ royal family, took over ownership of the club. Following the take-over, Manchester City has gone on to win 10 major trophies. On February 14, 2020, Manchester City was handed a two year ban on European competitions, as well as a $32.5 million fine. This is the largest fine ever by Union of European Football Associations (“UEFA”), the governing body of European Football. The UEFA found that Manchester City overstated its sponsorship revenue in its accounts. This, according to the Adjudicatory Chamber of the Club Financial Control Body, is a “serious breach” of Licensing and Financial Fair Play. If the ban is upheld, Manchester City would be fined approximately $232.5 million, a sum of the initial fine plus potential winnings in European Football competitions. According to Simon Chadwick, director at the Centre for the Eurasian Sport Industry, “UEFA must win this ban, if it doesn’t then its position on Financial Fair Play beings to unravel.” This is a pivotal moment in UEFA’s history as a governing body.

Tax Compliance During the Partial Government Shutdown

On December 22, 2018, for the third time in a year, the United States government shut down. Almost two years into his presidency, President Trump, feeling pressure to accomplish one of his many promises from the campaign trail, requested $5.7 billionfrom Congress to fund his proposed wall at the border of the United States and Mexico. Following negotiation efforts by Senate Democrats, the standoff between the President and the Senate ended in a financial default, triggering a partial shutdown. The shutdown became the longest in U.S. history on January 19, 2019, beating the previous 21-day recordset by the 1995-1996 shutdown. The shutdown left an estimated 380,000 government employeeslocked out of work without pay and an even greater 420,000 employees working for no compensation at all, including employees of the IRS. With one of the United States’ most important governmental bodies being almost completely stalled by a lapse in funding, it begs the question: what happens to taxes during a shutdown?

Trump Administration’s Proposal to Update Anti-Kickback Safe Harbors Gives Patients Drug Price Relief at the Pharmacy Counter

On January 31, 2019, the Trump administration proposed yet another regulation in efforts to control rising prescription costs for Americans. If the regulation becomes final, drug manufacturers and Pharmacy Benefit Managers (“PBM”) will no longer be able to harbor from Anti-Kickback violations when negotiating discounts with Medicare and Medicaid managed care programs. The Administrations, continuing the tone of transparency, will instead provide Medicare Part D beneficiaries with the ability to receive discounted prices at the pharmacy counter. The administration hopes this will allow patients to not endure high out-of-pocket costs by purchasing medications at a more affordable price necessary to sustain their health.

We Need to Change the Way We Deal with Food Recalls

In September 2018, the Food and Drug Administration (“FDA”) announced a new policy that provides for the release of a list of retailers that have received a food subject to recall. In the past, the FDA did not release such information because the agency deemed it confidential commercial information. The lack of information on the part of the FDA has been a huge detriment to the public. Prior to the new guidance, the public would only find out information about the particular food that was being recalled, not where this recalled food was available for purchase. The public was told just to stop purchasing that recalled food, whether it be romaine lettuce or beef, even if there were retailers who were selling non-contaminated products. This procedure not only hurts the public but also has a huge financial effect on those retailers who are not selling contaminated or recalled products. The FDA has effectuated a new guidance because they have found that such information is necessary to enforce a recall and to ensure public safety.