INSIDE COMPLIANCE – Page 11 – Loyola University Chicago School of Law

Bars and Barriers: DHS Proposed Rule Permits Application of Mandatory Bars During Credible Fear Screenings

October 30, 2024Regulation

On May 13, 2024 the Department of Homeland Security (“DHS”) issued a notice of proposed rulemaking which would allow asylum officers (“AOs”) to consider the applicability of certain mandatory bars to asylum and statutory withholding of removal during credible fear screenings. The proposed rule has garnered significant support and opposition from several groups and organizations, but it marks an unprecedented change to the asylum-seeking process that could create additional barriers to relief for asylum seekers.

AsylumDHSImmigration

Upcoming SEC Turmoil: What It Means for the Cryptocurrency Industry

October 25, 2024Cryptocurrency, SEC

The early October resignation of Gurbir Grewal, the Director of the Division of Enforcement at the U.S. Securities and Exchange Commission (SEC) sent ripples of (false) hope through the cryptocurrency industry. Grewal played a key role in shaping the SEC’s enforcement agenda; although his departure will likely not alter the SEC’s approach to digital assets, the upcoming election may affect the cryptocurrency industry’s interests.

cryptoDigital AssetselectionRegulationSECsecurities

Will Chicago’s Northwest Side Ordinance Protect Affordable Housing Along “The 606”?

October 24, 2024Regulation

On September 19th, 2024, the Chicago City Council passed the Northwest Side Housing Preservation Ordinance “Northwest Side Ordinance” by a vote of 44-3. The ordinance is designed to fight gentrification and preserve affordable housing in a set area near “The 606” recreation trail that includes parts of the Avondale, Hermosa, Humboldt Park, Logan Square and West Town neighborhoods. The DePaul Institute for Housing Studies found that, between 2013 and 2018, communities on the western end of The 606 lost almost 60% of their two to six flat buildings. To address this, Chicago City Council passed two ordinances in 2021 that changed zoning regulations to reduce displacement in both Pilsen and communities near The 606. These regulations proved to be very successful in slowing demolitions and deconversions within the boundaries of the study area and resulted in the permanent Northwest Side ordinance passed by City Council last month.

Affordable HousingChicago HousingHousing

$47 for the 47th Presidency: Musk Tests Super PAC Limits with Payouts for Swing State Voter Referrals

October 23, 2024Elections

On October 7, 2024, Elon Musk’s pro-Trump Super PAC, America PAC, announced it would disburse $47 payments to residents of certain swing states who refer other swing state voters to sign a petition pledging support for the First and Second Amendments. Musk said on his social media platform, X, “ For every person you refer who is a swing state voter, you get $47! Easy money.” Eligibility is limited to registered voters in seven key battleground states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. Musk’s goal is to reach 1 million signatures, which would amount to $47 million in payments to signatories.

Campaign FinanceCitizens UnitedCongressdata privacyElectionsElon MuskFECfederal agenciesfundraisingPACsRegulationTrumpVoting

Regulatory Framework for Airline Mergers: Recent Scrutiny by Regulators Leads to Splitting Antitrust Decisions by the DOJ and DOT

October 23, 2024Antitrust, Transportation

Alaska Airlines and Hawaiian Airlines’ proposed $1.9 billion merger has survived litigation by the U.S. Department of Justice (“DOJ”) and the Department of Transportation (“DOT”) following recent scrutiny of airlines by regulators. Earlier this year, a federal judge blocked the $3.8 billion acquisition of Spirit Airlines by JetBlue due to antitrust concerns. The DOJ successfully blocked the acquisition by arguing it would stifle competition and raise prices for consumers. The Alaska Airlines and Hawaiian Airlines merger managed to survive an inquiry by the DOT leading to split decisions by regulators.

airlinesAntitrustDOJmergers and acquisitionsTransportation

What the Indian Child Welfare Act Means for Tribal Sovereignty

October 18, 2024Regulation, Uncategorized

The Indian Child Welfare Act of 1978 (ICWA) has been considered the “gold standard” of child welfare best practice from experts in the field. This is because it requires active efforts to keep children safe in their homes and connected to their families, communities, and culture. For the past 46 years, ICWA has stood as a powerful force in protecting Native American children and preserving Indigenous cultures. Considering that reunification is the most common goal for children in foster care, ICWA is an essential means of reaching this goal in a culturally responsible way for Native American children. Further protections at the state level as well as expanding ICWA are necessary to protect tribal sovereignty in the removal of their children.

ICWAIndian Law

Tackling Concussions – How the NFL is Addressing Player Safety

October 18, 2024Athletic Regulation, Sports

On Thursday, September 12th, Miami Dolphins quarterback Tua Tagovailoa sustained his third career concussion during a game against the Buffalo Bills. Following his previous concussions, the NFL and the NFL Players Association (NFLPA) worked diligently to implement new protocols aimed at enhancing player safety and reducing the risk of traumatic brain injuries (TBIs). However, this latest incident has reignited online debate about player safety, TBIs, and the NFL’s implementation of Guardian Caps at training camps and practices.

compliancefootballNFLplayersafetysportsregulation

Danger in Every Dye: Why the FDA Should Ban Artificial Food Color Additives

October 18, 2024FDA

Over the last decade, an increasing number of studies have shown that certain food color dyes have toxic and carcinogenic effects on human health, with focuses predominantly on Red No. 3 and Red No. 40. However, in recent years, studies have revealed the toxicity of many other artificial food color dyes in addition to red dyes. Last month, United States Senator Ron Johnson hosted a roundtable discussion, “American Health and Nutrition: A Second Opinion”, with prominent doctors and other health advocates to discuss the changes within agriculture, food processing, and healthcare industries and their impacts on the nation’s health. Among many topics covered during the four-hour-long discussion was the negative effects of artificial color additives in everyday foods on people’s health with toxic and carcinogenic effects. This discussion is coupled with increased calls on the Food and Drug Administration (FDA) to ban artificial food color additives in food products. At the state level, California and Illinois have begun to act to ban these toxic color additives statewide.

artificial food color additivescarcinogenic affectsFDA regulations

Locked Out: How the FDIC is ‘Banking’ on Transparency

October 16, 2024Banking, Finance & Banking

As a result of Synapse, a banking as a service (BaaS) provider, declaring bankruptcy back in May 2024, millions of users were unable to access accounts for at least two weeks. Synapse was a startup that had contracts with 20 banks and 100 financial technology (fintech) companies. When the company filed for bankruptcy, it shut down its services to comply with banking laws to ensure that all customer deposits were accurate. Despite the word “banking” in BaaS and customers having credit or debit cards, Synapse is not like other banks. It is distinguishable, because it is not backed by the Federal Deposit Insurance Corporation (FDIC), like other traditional banks are. In the aftermath of the lock out, the FDIC has proposed a new rule to force banks partnered with fintech apps to strengthen record-keeping.

BankingBanking RegulationBanking/FinanceBitcoinFDICFintech

Legal Outcomes of the Attempted Ban on Non-Compete Agreements

October 14, 2024Noncompetes

In April of 2024, The Federal Trade Commission (FTC) issued their final rule banning non-competes across the nation in an effort to promote competition. A non-compete contract is an agreement between an employee and an employer where the employee agrees not to work for competitors or start a competing business for a certain period after leaving the company. Non-competes are meant to protect the employer’s business secrets, customers, or sensitive information from being used by rivals. The FTC’s proposed rule aimed to eliminate nearly all non-compete clauses and declare them an “unfair method of competition” under the rule. The rule would affect existing agreements, except for certain senior executives, and require employers to notify affected workers of its enforcement. It also sought to prohibit employers from entering into nearly all new non-compete agreements after the effective date of September 4th. Since the original publishing of the rule and leadup to the effective date, there have been many new developments in reaction to the final rule. This included some precedent-setting legal decisions as well as actions taken by various state governments. With these developments, the current status has been altered, which could lead to a number of possible short-term outcomes.

competitionFTC ActJudicial Interpretation