Category:

Regulation

Dear Colleague: Collegiate Compliance with Changing Evidentiary Standards of Sexual Misconduct

In a world where sexual assault occurrences on college campuses are becoming more readily recognized and reported, one of the many arising issues is how to appropriately respond to the allegations. Facing college disciplinary boards is one of the principal battlegrounds. With cases of sexual assault often lacking enough evidence for police action, many have demanded that colleges take responsibility for their students’ safety. However, in a situation where it is already “he said, she said,” what is the appropriate evidentiary standard for reprimand?

Clean Water Act vs. America’s Family Farms: Should the Two Be Foes?

As summer turns to fall, leaves begin to change, and farmers in the Midwest start the process of harvesting their crops. Farmers are hard-working, environmentally conscious, planners, who consider how their planting, fertilizer, and equipment effect the environment that their livelihood depends on. They do all of this while still attempting to remain compliant with all applicable state and federal laws. Currently, farmers are worried about changes being made to the Clean Water Act and if they are going to incur large economic damages because of it.

SCOTUS Denies Petition Alleging ADA Violation for Glass-Front Vending Machines

On October 2, 2017, the United States Supreme Court denied a petition to Emmette Magee (“Magee”), a blind man, who claimed that the vending machines violate Title III under the Americans with Disabilities Act (“ADA”). Coca-Cola vending machines, similar to other modern vending machines, are “self-service and fully automated machines that dispense bottles.” These machines also include credit and debit card processing, and payment from smartphones, but require the consumer to select a beverage using a number pad associated with the product in the vending machine. Magee, the petitioner, claimed that these vending machines lacked any meaningful accommodation for use by the blind, because the machines contained an “entirely visual interface.” 

FCC Votes to Overhaul Internet Regulation

On May 18, 2017, the Federal Communications Commission (FCC) voted 2-1 to initiate the process of rolling back net neutrality provisions put in place by the Obama administration designed to keep the Internet open and fair. The FCC Chairman’s proposal will end the “utility-style strict regulatory approach that gives government control of the Internet.” The current FCC intends to implement market-based policies designed to preserve Internet freedom and reverse declining infrastructure investment, innovation, and options for consumers it argues resulted from the FCC’s actions in 2015.

Fight over the CFPB’s Arbitration Rule Exposes Rift Between Federal Regulators

Since its inception in 2010, The Consumer Financial Protection Bureau (CFPB) has garnered its fair share of criticism and controversy.  The regulator was created by the Dodd-Frank legislation to curb the practices and risks, which brought about the financial crisis of 2007-2008.  The CFPB is often criticized by the banks and firms it regulates, but now a fellow federal regulator is casting doubt on the CFPB’s new rule concerning mandatory arbitration clauses found in contracts for commonly used banking products, such as checking accounts and credit cards.  The rule is also opposed by Congress, which is working on measures to repeal the rule, and several financial industry and lobbying groups who are suing the CFPB.

A Changing Gray Market Post Lexmark

On May 30, 2017, the Supreme Court issued a decision in Impression Prods., Inc. v. Lexmark Int’l, Inc. finding 8-0 to disallow post-sale restrictions on goods, and 7-1 on the matter of international exhaustion. The Court’s holding reinforced the doctrine of international exhaustion for patents, finding that the first authorized sale exhausts the patent holder’s rights to block importation. In theory, one could now legally purchase pharmaceuticals overseas at cheaper prices and import them to the United States.

JCAR Unanimously Approves Compromise Language on Proposed ICC Rule 412

In a rare ruling on September 12, 2017, the Joint Committee on Administrative Rules (JCAR) unanimously approved revisions to the Illinois Commerce Commission’s (ICC) proposed Part 412 Order. The ICC and members of the Alternative Retail Electric Suppliers (ARES) community negotiated the adopted compromise language. Part 412 of the Illinois Administrative Code, Title 83, Chapter 1, outlines the obligations of retail electric suppliers. Lobbyists for Retail Energy Supply Association (RESA) estimate that this compromise has been up to five years in the making.

Averting Disaster: Building Regulations in the Wake of Hurricane Irma

After Hurricane Irma’s dissipation on September 15, 2017, the residents of Florida can now begin to assess the damage caused by the strongest hurricane making landfall since Katrina in 2005. According to early estimates, Irma has caused over 62 billion dollars in damage. However, amongst the destruction there is a silver lining; the damage caused was significantly limited by building regulations that went into effect in 2002. Homes and buildings that would have otherwise been destroyed by Hurricane Irma were able to survive, and suffered only minor damage.

FDA Nutrition Facts Label: Will the New Administration Approve a Change?

On May 20, 2016 the Food and Drug Administration (FDA) announced a new nutrition facts label for packaged foods, the first significant makeover in twenty years. The new label reflects new scientific information regarding our diets; such as the link between diet and chronic diseases like obesity and heart disease. This new label comes after three years of negotiations and proposed improvements between the FDA, scientists, and lobbying groups. Those in favor of the changes have pointed out that the old nutrition fact labels had no information to help consumers determine if they were complying with the U.S. Dietary Guidelines’ recommendations and that the labels did not reflect the necessary nutrients per day. These changes affect manufacturers as well as consumers. Manufacturers are not only worried about having to reformulate their foods, but also having to reconsider their ability to make certain nutrient content claims in advertisements and on packaging. Companies will also have to consider additional costs associated with packaging design, development of new artwork, regulatory consultation and review to ensure label compliance, reconsideration of inconsistent advertising, and human costs associated with potential new operating procedures and training to ensure compliance with the new regulations. In response to complaints from manufacturers, consumer advocates are reminding the White House Administration to remember that the FDA’s mission is protect the health of the American people not the bottom line of manufacturers.

Trump Administration and American Companies Challenge Chinese Regulation Regarding Intellectual Property

Chinese foreign investment policies have long favored investments that bring the country technological advances from foreign companies. In recent years, China has increasingly developed policies which force foreign companies to share their intellectual property with China and to allow Chinese companies to conduct business with the foreign country China has backed off their previous requirements to transfer such information in an attempt to meet the requirements of the World Trade Organization (“WTO”) since joining the organization in September of 2001. Evidenced by President Donald Trump recently signing a directive to initiate an investigation into Chinese trade practices regarding the attainment of intellectual property from foreign companies, many companies and trade organizations believe that China is not adequately protecting intellectual property rights of foreign companies.