Employment Law and Regulatory Changes in 2024

André Moore Associate Editor Loyola University Chicago School of Law, JD ‘25   Employment law, an essential aspect of regulatory compliance, is the foundation for the legal relationship between employers and employees. Marked by significant regulatory changes aimed at enhancing worker protections, ensuring fair compensation, and promoting a safe and equitable workplace. These updates span …
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Corporations Get a Win Over new SEC Share Buyback Rules

Sean Mcbride Associate Editor Loyola University Chicago School of Law,  JD 2025 In December 2023, the Fifth U.S Circuit Court of Appeals vacated the new share buyback rules issued by Securities and Exchange Commission (SEC). The new rules placed higher scrutiny on companies engaging in share buyback programs. Under the new rules, businesses would need …
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Blow the Whistle Without Fear: Supreme Court Empowers Employees in Murray v. UBS

Reporting on your employer’s questionable conduct has become easier than ever with the Supreme Court’s recent decision in Murray v. UBS Securities, LLC. The case resolved a circuit split surrounding the proper interpretation of “retaliatory intent” for claims involving alleged violations of the Sarbanes-Oxley Act’s whistleblower protection provision. In a unanimous decision, the Supreme Court held that a plaintiff does not need to prove retaliatory intent to prevail on such a claim. Although proof of intent is still required, the decision substantially lowers the burden for wronged employees while assuring that companies are not on the hook for nonretaliatory punishment.

EXIM Turns Stateside

Tomer D. Elkayam Associate Editor Loyola University Chicago School of Law, JD 2024   In 2021, the Biden administration conducted a 100-day supply chain assessment in the midst of a global supply shock. The assessment specifically looked at four critical products that were being severely impacted by reverberating supply chain issues – semiconductors, large capacity …
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Peculiar Alliances Responding to the FDA v. Alliance for Hippocratic Medicine

The Supreme Court is currently reviewing a 5th Circuit decision to roll back 2016 and 2021 expanded indications of mifepristone, a drug originally approved by the Food and Drug Administration (FDA) in 2000. Given the Supreme Court’s hostility toward administrative agencies in the current term, a judge from a United States District Court may substitute their knowledge for that of agency scientific experts in United States FDA v. Alliance for Hippocratic Medicine.

Mass Shootings and the Things We Miss

  Noor Abdelfattah Associate Editor Loyola University Chicago School of Law, JD 2025   With the recent mass shooting in Maine that has left nearly twenty dead, discussions regarding  how we could avoid such atrocities continue. Mass shootings are commonly defined as, “any incident in which four or more people are shot and wounded or …
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The Potential Impacts of Artificial Intelligence in the Environmental Context

The use of artificial intelligence (AI) has been quickly evolving over the past few years, satisfying unexpected needs and allowing for innovative solutions to different problems. More recently, environmental organizations are increasingly interested in potential AI solutions for environmental issues. AI has the potential to streamline regulatory compliance in the environmental context by switching the approach of environmental regulation from responding to current problems into prevention of future problems through data analysis, predictive analysis, and easier reporting procedures for violations of environmental regulation.

EPA Re-Defines “Waterways” in New Rule Following Sackett v. EPA

EPA Re-Defines “Waterways” in New Rule Following Sackett v. EPA Amanda Lane Associate Editor Loyola University Chicago School of Law, JD 2025 The U.S. Environmental Protection Agency (EPA) and Department of the Army (together, Agencies) issued an amended final rule in August of 2023 revising the definition of “waters of the United States” following the …
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Biden Ties Medicare Reimbursement to Sepsis Treatment

The Centers for Medicare and Medicaid Services (CMS), under the Department of Health and Human Services (HHS), finalized CMS-1785-P in August, a rule that links Medicare reimbursement to the treatment of sepsis. Previously, hospitals were required to report on their sepsis treatment patients, but there was no penalty for not adhering to treatment guidelines. Beginning in Fall 2024, hospitals must meet the specific treatment benchmarks integrated into Medicare’s Hospital Value-Based Purchasing Program (MHVBPP) specifically the provisions outlined in the Severe Sepsis/Septic Shock Management Bundle (SEP-1). Failing to meet these benchmarks could result in significant financial losses for hospitals, ranging from thousands to millions of dollars for larger entities. While hospitals should presently be aware of these requirements and implement plans to meet them, there are concerns about whether the proposed rule is the optimal solution for improving outcomes for sepsis patients.