INSIDE COMPLIANCE – Loyola University Chicago School of Law

Breaking Down Voter Suppression: Understanding Restrictive Voting Laws and the Path Forward

November 20, 2024Elections

In a democracy, the right to vote is one of the most fundamental ways citizens can make their voices heard. However, in recent years, access to the ballot box has become increasingly restricted in various states where legislative actions have introduced stricter voting requirements. As these restrictive laws target specific groups, the effects are widespread and deeply felt, raising critical questions about the future of voting rights in the U.S. To understand this complex issue, it’s crucial to explore the nature of voter suppression, the state and federal regulations shaping voting access, and the potential solutions to ensure fair and equal voting opportunities for all.

Election LawvotersVoting Rights

Heartland for Sale: The Risks of Foreign Investments in American Agriculture

November 15, 2024Uncategorized

Recently, there has been an increased concern regarding foreign ownership of agricultural land in rural America. This growing concern among lawmakers has led to the introduction of several bipartisan bills this year that restrict foreign investments in United States agricultural land. In part, these bills have been introduced as a response to a study published earlier this year by the United States Government Accountability Office (GAO), which identified potential national security risks in foreign investments in United States Agriculture. Currently, the only federal law regulating foreign investments in agricultural land is the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA). AFIDA established a nationwide system to collect and record data regarding foreign ownership of U.S. agricultural land. The law requires foreign investors in U.S. agricultural land to report holdings and transactions to the United States Department of Agriculture (USDA). Furthermore, twenty-four states already have legislation in place restricting foreign individuals, entities, or both from owning land, with four states refining their laws to improve enforcement this year. Although the issue of foreign investment is complex, it is necessary that the USDA and other agencies adequately protect against the national security risks posed by foreign investment while also recognizing that not all foreign ownership in U.S. agricultural land is a threat to national security.

The Americans with Disabilities Act and Private Prisons

November 14, 2024health

It is no secret that a person trying to meet their needs while incarcerated faces a daunting endeavor. However, these challenges are further complicated for someone living with a disability while held in a private prison. State and local facilities are no strangers to allegations of violating the Americans with Disabilities Act (ADA), as evidenced by a recent class action against the Illinois Department of Juvenile Justice (IDJJ) and Illinois Department of Corrections (IDOC). An Illinois disability protection and advocacy agency called Equip for Equality brought an action alleging that the IDJJ and IDOC “failed to take meaningful steps to address the lack of special education services and high school education despite being legally obligated to follow state and federal laws.” While such litigation offers a narrow means of disability justice, this path is further narrowed when filing an ADA action against a private correctional facility. Private prisons, particularly with respect to ADA compliance, should be held to the same standards and means of accountability as public facilities.

ADAPrisons

From Lab to Table: The Future of Regulating Lab-Grown Meat

November 14, 2024Environmental, FDA, Food and Drug Law

Human organs grown in labs, lab-grown diamonds, lab-grown plants, and now lab-grown meat. Companies like Upside Foods and GOOD Meat are growing meat from animal cells. Companies have developed a cell line to produce high-quality meat, grow and feed the cells with a “blend of nutrients,” and in two to three weeks, meat is ready to be cultivated and molded into the shape of meat, like a chicken filet. Now, lab-grown meat is commercialized and has been approved by the Agriculture Department for production and sale. Although it could be a few years until lab-produced meat is in grocery stores, regulations need to be approved and put into place just like slaughterhouse meat.

agricultureemissionsFDAlab-grown meatsustainability

Toronto Dominion Bank – Hey Criminals, Bank Here!

November 13, 2024Banking

Toronto Dominion Bank, known as TD Bank, is one of the largest banks in the United States. In early October of this year, TD Bank agreed to pay almost $2 billion in penalties for its involvement in money laundering practices and “violations of the Bank Secrecy Act (BSA).” Over the span of a decade, TD Bank failed to stop hundreds of millions of dollars worth of drug money from flowing through its system and became a common bank for criminal enterprises to use. Attorney General Merrick B. Garland discussed how TD Bank made “its services convenient for criminals” when they decided to maximize their profit margins over complying with the law.

AMLBankingBSAcriminalfinancialfinancial regulationsfraud

The FTC’s Civil Action Against Powerful Pharmacy Business Managers Could Reduce the Cost of Insulin for Millions of Diabetic Patients

November 9, 2024Fraud & Abuse

Insulin is a life-sustaining medication for numerous individuals with diabetes. For an extended period, many have been forced to pay inflated prices for a product that is inexpensive to manufacture. However, individuals with diabetes may now have cause for cautious optimism regarding more cost-effective treatment options. This development arises as the Federal Trade Commission (FTC) has decided to address one aspect of the system responsible for the high cost of insulin. The FTC initiated legal proceedings against the three largest pharmacy benefits managers (PBM) on September 20, 2024. The action was taken in response to alleged unfair and anticompetitive rebating practices that were purported to have artificially elevated the list prices of insulin medications.

FTChealthcarePBM

CrowdStrike’s Setback: A Blueprint for Better Third-Party Risk Compliance

November 8, 2024Regulation, technology

Earlier this year, CrowdStrike, a leading cybersecurity company, experienced a major outage caused by an automatic software update. This incident disrupted services globally, affecting over 8.5 million devices, including critical sectors such as healthcare and financial services. As businesses increasingly rely on third-party vendors for cybersecurity, this outage underscores the importance of managing third-party risks and ensuring digital resilience. Organizations can use this event as a valuable lesson to reassess their risk management practices and strengthen their defenses. Furthermore, the incident reveals how even highly reputed vendors are not immune to failure, stressing the need for layered defenses that safeguard against vendor disruptions at every level.

Automated Software UpdatesCyber Risk ComplianceCybersecurity ComplianceCybersecurity IncidentsDigital ResilienceFailover SystemsIncident ResponseProcurement RiskRisk Management StrategiesSoftware Update FailuresSupply Chain RiskSystem RedundancyThird-Party RiskVendor Risk Management

South Carolina’s Archaic Liquor Laws and Insurance Regulations

November 8, 2024Regulation

For many Americans, turning twenty-one means the end of alcohol regulations. However, for the people of South Carolina, that is not always the case. Hosting a Sunday brunch and need last-minute liquor supplies? Stores are closed. Need to make a quick stop at the liquor store for your weekend festivities after work? If it is after 7 p.m. that is not possible. South Carolina’s archaic alcohol regulations have frequently been a topic of concern for businesses, individuals, and the government. Many believe that the Alcoholic Beverage Control Act, the source for these laws, should be amended to mirror other states with less stringent laws regarding the sale of alcohol. Even more recently, the insurance liabilities imposed on sellers of alcohol in South Carolina have increased, leading to the closure of many businesses. If these regulations do not change in the coming years, the South Carolina legislature is likely to see increasing violations of these regulations or an increase in the number of small businesses closing.

No One Can Watch the Chicago Bulls! And Other Reasons Why the MLB, NBA, and NHL Need to Consider Nationalizing Their Media Rights.

November 7, 2024Sports, Uncategorized

Regional Sports Networks (RSNs) are the TV channels that show a sports team’s games in a local area. Due to a demand for sports by television viewers over the past few decades, RSNs created large revenues from local media rights deals (TV contracts) for professional sports leagues. This issue impacts several of the major professional leagues: the National Basketball Association (NBA), National Hockey League (NHL), and Major League Baseball (MLB). Currently, due to the trend of cord-cutting and a lack of regulation by the league offices, many fans are left without a viable way to watch their local teams, including much of the City of Chicago.

mediaRegulation

The Regulatory Framework of Our Data Privacy Legislation is Changing Amidst the Rise of Artificial Intelligence

November 6, 2024Artificial Intelligence, Privacy & Security

With the rapid evolution of artificial intelligence (AI) comes unprecedented opportunities and legitimate challenges, especially in the realm of data privacy. The rising capabilities of AI systems to process, analyze, and use massive amounts of personal data has generated amplified regulatory scrutiny across the globe. Governments and regulatory bodies are wrestling with how to balance innovation and economic growth propelled by AI against the need to protect individuals’ privacy, ensure transparency, and safeguard data from misuse.

federal data privacy lawsstate data privacy laws