The FTC’s Noncompete Ban; Will It Survive the Trump Administration?

Posted on November 22, 2024Categories FTC, Noncompetes

On April 23rd, 2024, the Federal Trade Commission (FTC) announced a rule banning the use of noncompetes. The rule faced significant opposition and was blocked by a Texas federal court. The FTC under its current chair, Lina Khan, is fighting the ruling. However, President-Elect Donald Trump will likely effectively put an end to the FTC’s noncompete ban because of his own use of restrictive non-disclosure agreements (NDAs) that act as noncompetes and the stances of some of his megadonors.
Tags

The Future of Clean Water Act Regulations Under the Future Trump Administration

Posted on November 22, 2024Categories EPA

A second Trump administration is sure to challenge a variety of clean water and drinking water regulations, as evidenced by various policies proposed by the Heritage Foundation’s Project 2025. President-elect Donald Trump has distanced himself politically from the project but it remains relevant as he continues to surround himself with many of its authors. Many water lawyers and environmental advocates thus expect a second Trump administration to continue the federal water deregulation efforts seen in his first administration. Specifically, President-elect Trump will likely challenge and potentially repeal both the Biden Administration’s “waters of the US” (WOTUS) rule and its Section 401 state certification rule. These moves are likely to be compounded by other ecological regulation rollbacks and further exacerbate an already worsening climate crisis in the United States.
Tags

Major Regulatory Rollbacks Expected from Trump’s New SEC

Posted on November 21, 2024Categories Regulation, SEC

With the return of the Trump Administration looming large, rumors of possible regulatory appointments are already swirling. One federal agency that will undoubtedly see major changes with the transition of power is the Securities and Exchange Commission (SEC), the authority responsible for regulating the securities market and protecting investors. With the shift in presidential administration coupled with significant GOP gains in the House and Senate, analysts have begun to speculate on how agency leadership and staffing changes will impact securities policy and rulemaking, and what the rest of the country can expect from the markets over the next four years.
Tags

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

Posted on November 20, 2024Categories Elections

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.
Tags

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

Posted on November 15, 2024Categories Uncategorized

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

Posted on November 14, 2024Categories health

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.
Tags

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

Posted on November 14, 2024Categories Environmental, 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.
Tags

Toronto Dominion Bank – Hey Criminals, Bank Here!

Posted on November 13, 2024Categories Banking

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.
Tags

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

Posted on November 9, 2024Categories Fraud & 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.
Tags

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

Posted on November 8, 2024Categories Regulation, 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.
Tags