INSIDE COMPLIANCE

As Hollywood is Flooded with Sexual Misconduct Allegations, Special Task Force of Prosecutors Could Save the Day

December 11, 2017Marena DiazThe Art of Compliance

In the midst of countless sexual misconduct allegations against some of Hollywood’s most powerful people, on November 9, 2017, Los Angeles District Attorney, Jackie Lacey, issued a statement outlining a plan of action. A special task force of veteran sex crimes prosecutors has been assembled to ensure a “uniformed approach to the legal review and possible prosecution of any case that meets both the legal and factual standards for criminal prosecution.” The Beverly Hills and Los Angeles Police Departments are conducting investigations of the accused as a rapidly increasing volume of sexual misconduct allegations are reported. Law enforcement and the special task force prosecutors are faced with legal and factual difficulties before any sexual misconduct allegations are sufficient for criminal prosecution. The legal elements of the alleged crime, the specific facts of each allegation, the existence of physical evidence, and the remedies available to the victims, are among the many convoluted factors that will dictate the ongoing investigations and prosecution of the allegations that are flooding Hollywood.

accountableallegationscaliforniacompliancecorruptcosbycriminalenforcemententertainmentethicalforcehollywoodindustryinvestigationLAPDlimitationsmisconductpowerprofessionalsprosecutionprosecutorsRegulationsexsexual misconductspecialstandardstaskvictimweinsteinworkplace

The Hazards of an Unregulated Cosmetics Industry

December 5, 2017Manisha ReddyThe Marketplace

The cosmetics industry, unknown to many, is essentially not regulated by a federal regulatory agency. Cosmetics technically fall under the purview of the Food and Drug Administration (“FDA”), but there are few requirements that manufacturers must comply with. The FDA only requires that manufacturers comply with several labeling regulations so companies can avoid listing a product’s total ingredients, and the FDA does not require manufacturers to report health complaints. The FDA instead relies on direct reports of adverse events from consumers, which has the potential to delay remedying a potentially dangerous situation. A study published in JAMA Internal Medicine found that between 2015 and 2016, the number of complaints of adverse health results related to cosmetic products more than doubled from the previous years. Additionally, the FDA only has the equivalent of six full-time inspectors to monitor three million shipments of cosmetics that come into the United States each year. Last year, inspectors only conducted tests on about 364 of those shipments, and 20 % of those shipment that were inspected led to adverse findings.

complianceconsumercosmeticsFDAlawRegulationuse

Financial Institutions Join Forces for Vendor Management Compliance

December 4, 2017Richard ShepherdFinance & Banking

Financial institutions often rely on outside vendors to provide information technology services. While doing so often provides economic efficiency and quicker technological innovation, the risks associated with outsourcing information technology services are significant. Institutions must develop strong vendor management programs to ensure the safety of their customer’s personal information. Several large financial institutions have come together to create a new consortium to perform vendor and partner due diligence.

BankingBanksCFPBFFIECfinanceInformation TechnologyOCCRegulationVendor Management

Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-Duty and Heavy-Duty Vehicles

November 30, 2017Jacqueline MietusUncategorized

Under the Obama Administration, the EPA passed Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-Duty and Heavy-Duty Vehicles. The regulation aimed to reduce climate change-causing emissions from the transportation sector, particularly the pollution caused by trucks. However, following the voiced concerns of stakeholders in the glider and trailer industry, the Trump Administration has issued a notice of repeal of emission requirements for glider vehicles, glider engines, and glider kits.

Climate ChangeDepartment of Transport’s National Highway Traffic Safety AdministrationEnergyEnvironmental Protection AgencyEPAFuel Efficiency StandardsGlider KitsGreenhouse Gas EmissionsGreenhouse Gas Emissions and Fuel Efficiency Standards for Medium-Duty and Heavy-Duty VehiclesNHTSATrucking

Death and Taxes

November 30, 2017Finance & Banking

As the president and the Republican Party inch closer to finalizing their proposed tax overhaul, one major proposed change is the repeal of the estate tax. The estate tax is a tax on an individual’s right to transfer property upon his or her death, usually to the individual’s surviving relatives or heirs. Currently, estates are taxed at a rate of 40% after the first 5.5 million. While the tax itself only impacts the wealthiest 0.2% of Americans, the inclusion or repeal of the tax in the Republican tax bill will affect Americans of all income brackets.

budgetestate taxfinanceJournal of Regulatory ComplianceRepublican Tax Plantaxtax compliancetax lawTrump Administration

Unlikely Trophies: Big Game Hunting and Conservation Regulation

November 28, 2017Uncategorized1 Comment

The United States Fish and Wildlife Service (“USFWS”), a federal agency, has recently moved to issue permits allowing hunters to bring back their trophies from Zambia and Zimbabwe into the United States. Trophy hunting is the classified as legal shooting of animals under official government license for sport or enjoyment. Typically, as a reward and/or prize, the hunter gets to take home the “trophy”—the animal carcass or its remains. However, not all species can be hunted and there are restrictions on where and when the hunting can happen, in addition to limitations on the weapons that can be used for the kill.

big gameendangered species actenvironmental regulationhuntingInternational Affairstrophiesus fish and wildlifeUSFWS

Medical Marijuana and Maintaining FDA Compliance

November 28, 2017Drugs & Devices

Regardless of opinions on legalization, many people accept the idea that medical marijuana, and more specifically CBD, can be a powerful treatment for many medical conditions. However, there has been one major roadblock: the FDA. According to the FDA, more than 90 warning letters over the past 10 years have been released to companies claiming that their cannabis products cure various symptoms. The most common is the claim that marijuana prevents or treats cancer. In 2017, as the medical properties of marijuana continue to be trumpeted to the general public, the FDA is still working to protect the public by issuing warning letters to marijuana providers making unsubstantiated claims.

canabisCBDDEAdrugFDAFood Drug and Cosmetic Actmarijuanamedical marijuanaSchedule I

Battle of Bears Ears: Challenging Presidential Authority Under the Antiquities Act

November 21, 2017Katelyn ScottUncategorized

After an executive order for review of designations under the Antiquities Act, the Department of Interior to review 27 different national monuments, a leaked internal memo revealed a plan to reduce the size of four national monuments. One of the reductions, recommended by Secretary Zinke, was the shrinking of Bears Ears National Monument. Senator Hatch of Utah since confirmed the whispers; in a conversation with Senator Hatch, President Trump revealed his plans to downsize multiple monuments in Utah, including Bears Ears. This action has raised questions about whether a president, under the Antiquities Act of 1906, is allowed to shrink national monuments.

Antiquities Actbears earsDOIenvironmental regulationFLPMAnational monumentsZinke

Evolving Regulatory Conditions Spur the Creation of Novel Insurance Protections for Corporate Officers

November 16, 2017Hubert ShingletonFinance & Banking

Consistent with modern financial regulation, United States regulators are increasingly focusing upon individual accountability of corporate officers and directors. Once a regulatory agency contacts a corporation regarding an inquiry into the actions of its agents, it is the duty of the corporation to front the costs of legal defense and representation. Historically, corporate directors and officers liability insurance (“D&O”) covered the costs of legal defense and costs associated with the regulatory investigation. In light of the increasing government emphasis on individual liability within corporations, traditional D&O liability insurance is no longer guaranteed to protect corporate exposure to regulatory inquiry. As a result of these changes to corporate exposure, insurance agencies have begun to create novel insurance solutions to solve the problems created by the new regulatory policy.

Corporate AccountabilityD&OD&O InsuranceD&O LiabilityDirectors InsuranceInsuranceInsurance PolicyOfficer InsuranceSECTravelers CompanyTravelers Risk Index

What Happens When The Police Demand PHI

November 14, 2017HIPAA & Health Information

It happens in every emergency department: a law enforcement officer comes into the ER at two o’clock in the morning and demands to test the blood alcohol levels of a patient brought in after an auto accident. The officer pulls an exhausted nurse to the side in the hopes that the nurse will forget his or her training, or become anxious enough to give up the information for fear of being arrested. Yet no matter the specific facts, the question remains: can a hospital give law enforcement officers a patient’s PHI without authorization from the patient? In some situations, is it even required?

There is a provision under the HIPAA Privacy Rule that allows, and in some cases, requires, entities to disclose patient’s PHI to law enforcement without the patient’s authorization. However, state law can complicate this picture with more restrictive regulations and guidance.

breachHIPAA & Health Informationlaw enforcementphipoliceprivacyPrivacy & Security