INSIDE COMPLIANCE

How the Biden Administration will tackle Special Education Failures during COVID-19

February 25, 2021Jacqueline BrownUncategorized1 Comment

The incoming Biden administration includes Dr. Miguel Cardona as the new Secretary of Education. Advocates for students with disabilities recently met with Dr. Cardona to voice concerns about issues ranging from school discipline to the effects of the COVID-19 pandemic on special education services. In this meeting, Cardona stressed the importance of inclusivity in public schools and the need to promote the rights of people with disabilities, as well as to increase civil rights law enforcement by Office of Civil Rights (“OCR”). Providing a “free appropriate public education” or FAPE during this time came with tremendous costs to budgets and other burdens for school administrators who, in “good faith” tried to meet these standards. However, after the DOE initiated four investigations in the past month over concerns districts nationwide have failed to provide appropriate services to students with disabilities during the coronavirus pandemic. These investigations will be one of the first tasks Dr. Cardona will take on as Secretary of Education.

EducationJournal of Regulatory Compliance

The Fifth Annual Loyola Journal of Regulatory Compliance Symposium: “Labor & Employment Compliance Issues in the Era of Covid-19”

February 25, 2021Michael ManganelliThe Art of Compliance

Friday, March 12, 2021 Symposium Summary This year’s virtual Symposium will bring together practitioners to examine current issues in Labor & Employment compliance with particular attention to issues arising from the Covid-19 pandemic. Practitioners will reflect on a variety of concerns facing employment professionals as advisor, employer, and client. Cost & CLE CLE credit will …
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complianceEmploymentJournal of Regulatory ComplianceSymposium

In the Aftermath of Identity Theft: What You Need to Know About the Fair Credit Reporting Act

February 25, 2021Lydia BayleyFinance & Banking, Fraud & Abuse

For me, it started with a phone call. Normally I do not answer calls from unknown numbers. But that day I did. The woman on the other end of the line informed me that she was calling on behalf of a debt collection agency. Sensing my confusion, she explained, “We’ve been trying to reach you regarding your outstanding balance with Sprint.” That did not make sense, I insisted. I had never been a Sprint customer in my life. After a brief pause, she asked, “Have you ever been the victim of identity theft?”

Consumer Rightcredit reportingFair Credit Reporting ActFCRAIdentity Theft

May it Please the Court: Exploring Facebook’s Oversight Board Formation and Decisions

February 24, 2021Sarah RyanUncategorized

Last Friday, Facebook’s Oversight Board (“the Board”) issued its latest verdict, overturning the company’s decision to remove a post that moderators alleged violated Facebook’s Violence and Incitement Community Standard. This judgment brings the Board’s total number of decisions to seven, with the Board overturning the Facebook’s own decision in five out of the six substantive rulings it has issued. The Board’s cases have covered several topics so far, including nudity and hate speech. Because Facebook’s Oversight Board does not have any modern equivalents, it is worth exploring what went into this experiment’s formation.

FacebookInformation TechnologyinternetJournal of Regulatory Compliance

Johnson & Johnson COVID-19 Vaccine Awaits Authorization from FDA

February 24, 2021Marcella SlayDrugs & Devices, The Marketplace

Recently, the U.S. Food & Drug Administration (“FDA”) announced a scheduled meeting of its Vaccines and Related Biological Products Advisory Committee (“VRBPAC”) to discuss the request for emergency use authorization (“EUA”) for a COVID-19 vaccine from Janssen Biotech Inc. The FDA has just under three weeks to complete its report before the VRBPAC’s meeting to make its recommendation on the vaccine. The review process may be more challenging than the past two reviews for Pfizer and Moderna due to the composition differences and effectiveness.

COVID-19FDAFDA regulationsRegulationVaccines

Facebook Hires Their First Chief Compliance Officer

February 24, 2021Alexandria NunnUncategorized

On February 8, 2021, Henry Moniz joined Facebook as their first Chief Compliance Officer. Moniz previously held the position of Chief Compliance Officer and Chief Audit Executive of Viacom after the company merged with CBS. A Chief Compliance Officer is the officer responsible for managing regulatory compliance problems in a company or organization. Facebook already has a compliance group but has never appointed a Chief Compliance Officer. The appointment came after the Federal Trade Commission approved a five billion dollar settlement with Facebook in July of 2019. Facebook has been at the other end of many antitrust lawsuits in connection with their acquisition of potential competitors such as Instagram and WhatsApp. These conflicts likely brought them to hire a Chief Compliance Officer in order to solve issues arising around compliance.

Employment

Safely Getting Back to Work

February 23, 2021Noah CicurelUncategorized

Over 40.3 million Americans have already received at least one dose of the Covid-19 vaccine with a current average of 1.67 million doses administered per day. With a falling infection rate and the vaccine rollout entering a new stage, employers are reexamining their plans to safely return to the office.

EmploymentJournal of Regulatory Compliance

The Clean Water Act: The Broadening of the National Pollutant Discharge Elimination System Permitting Program to Regulate Indirect Discharge Through Groundwater

February 22, 2021Daniel BourgaultUncategorized

On January 14, 2021, the United States Environmental Protection Agency (“EPA”) issued a Guidance Memorandum (hereinafter “Memo”) addressing the recent decision of the Supreme Court of the United States in the case County of Maui v. Hawai’i Wildlife Foundation, 140 S. Ct. 1462 (2020) regarding the regulation of water pollution under the Clean Water Act (CWA or “the Act”). The Memo outlined how the Court’s recent ruling in the County of Maui applies to the National Pollutant Discharge Elimination System (“NPDES”) permit program created under Section 402 of the Clean Water Act (hereinafter “Section 402”). The intent of the EPA in publishing the Memo is to help clarify the effect of the Court’s ruling in County of Maui for owners and operators of facilities subject to the regulation of the CWA, the primary regulatory framework for governing water pollution in the United States. The ruling in County of Maui expands the types of discharge that are subject to the CWA’s regulatory permit program and illuminates the steps required of facility owners and operators to comply with that framework.

1972 Clean Water ActCounty of Maui v. Hawaii Wildlife Foundationenvironmental regulationJournal of Regulatory ComplianceNPDES PermitRegulationSCOTUSWater Law

Relax, After GDPR’s Schrems II, Some Companies Transferring Personal Data from the EU to the US May Actually Have Less Challenges Than You Thought

February 19, 2021Richard HortonUncategorized

On December 12, 2020, the European Commission (the “EC”) issued a highly anticipated draft of newly revised standard contractual clauses (“new SCCs”) that may be used by European Union-based companies to safeguard data transfers of personal data to third countries, such as the US, in compliance with GDPR Art. 46(1). The release comes at a decidedly inopportune time as it follows on the heels of the Court of Justice of the European Union’s (CJEU) Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems (“Schrems II”) decision which casts serious doubt on the adequacy of SCCs alone to safeguard against the “high-risks” involved in EU to US data transfers. And for many data protection experts, the language of the revised SCCs only adds to the confusion, raising even more questions. But one question in particular seems to be prominent among others—for transfers to importers, directly subject to GDPR, are SCCs really necessary?

compliance programdata privacydata securityJournal of Regulatory ComplianceprivacyPrivacy & Security

Understanding the Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration

February 19, 2021Anisha ChhedaThe Art of Compliance

Climate change directly and indirectly impacts a range of human rights including the basic rights to life, food, water and housing. Along with all developed countries, the United States has an affirmative obligation to take measures to prevent and address climate change impacts thereby not only mitigating its dire effects, but ensuring that all displaced persons have, at a minimum, their basic needs met. These displaced persons are more often than not those who have contributed the least to climate change and are now disproportionately suffering from its harm.

Climate Changeclimate migrationenforcementenvironmental regulationJournal of Regulatory Compliancerefugee status