INSIDE COMPLIANCE – Page 20 – Loyola University Chicago School of Law

Growing Banking Crisis: Silicon Valley Bank Failure

April 7, 2023Uncategorized

Founded in 1983, Silicon Valley Bank (SVB) is a midsize California-based lender that shook the foundation of the entire global financial system. Regulators closed SVB on March 10, making it the largest bank failure since the 2008 financial crisis and the second largest in U.S. history. While SVB offered various services from standard checking accounts to loans, it was primarily home to venture capitalists in the tech industry. Therefore, the majority of the corporate deposits were larger than the Federal Deposit Insurance Corporation’s (FDIC) $250,000 insurance limit, leaving over $150 billion in uninsured deposits at the end of 2022. The sudden collapse caused a frenzy leaving companies and investors vulnerable having already experienced mass layoffs in the tech industry.

BankingBanking RegulationBanking/FinanceDepartment of JusticeDOJFDICFederal ReserveFTCSEC

The East Palestine Train Derailment

April 7, 2023Uncategorized

Earlier this month, an environmental disaster caused by a train derailment in a west Ohio town has resulted in close scrutiny from the Environmental Protection Agency (EPA). On February 3, 2023, a Norfolk Southern freight train derailed in East Palestine, Ohio, resulting in a chemical spill of millions of liters of toxic liquids. Among the spill’s immediate effects were chemical leakage into local water supplies and air pollution originating from a controlled burn. The EPA has since stepped in to hold Norfolk Southern accountable for the clean-up, but unanswered compliance questions still remain.

Environmental Protection Agencyenvironmental regulationsEPAPollution

The Role of Regulators During the Collapse of Silicon Valley Bank

April 7, 2023Uncategorized

On March 10th, 2023, Silicon Valley Bank (SVB) collapsed practically overnight, followed only two days later by the collapse of Signature Bank. Prior to its collapse, SVB uniquely served a single category of customers – start-ups. As the largest bank failure since the 2008 financial crisis, SVB’s bankruptcy resulted in significant consequences for the tech industry. While SVB has since been acquired by First Citizens BancShares, the House Financial Services Committee is currently seeking answers from both regulators and SVB executives about how such a failure could have occurred and how to prevent it from happening again.

BankingDepartment of the TreasuryFDICFederal Reservefinancetechnology

Secret Shoppers Not Just in Stores: Use of Secret Shopping in Higher Education

April 6, 2023Uncategorized

Federal Student Aid (FSA), and the office of the Department of Education, announced on March 14th their plans to better monitor and enforce universities’ practices such as enrollment and the use of federal student aid to ensure that all regulations are being complied with. Secret shopping is used by enforcement agencies to scope out violations and get a better idea of how organizations, institutions or businesses are non-compliant with regulations. FSA hopes that this plan will incentivize universities to follow procedures and policies accordingly and will help determine which schools are being predatory by not complying with regulations. The main goal of sending out secret shoppers is to protect current and future students from harmful and predatory practices that are prohibited.

EducationRegulation

TikTok’s Time is Ticking

April 5, 2023Uncategorized

TikTok is making American headlines once again. Calls to ban the app have been revived by groups of bipartisan legislators. President Biden has threatened to ban TikTok from American digital markets over concerns for how the social media app handles domestic data. Former President Donald Trump attempted to ban the app in the US in 2020, but the ban was ultimately unsuccessful. However, pundits continue to debate whether regulators, legislators, or the President have the power to enforce a TikTok ban

BidenByteDanceexecutive orderJournal of Regulatory ComplianceLitigationRegulationTikTok

Equitable Offerings: Patient Access to Electronic Health Information

April 5, 2023Uncategorized

In 2014, the Centers for Medicare and Medicaid Services and the Electronic Health Record Incentive Programs set guidelines requiring all eligible and participating hospitals and providers to offer certified technology that would give patients access to their electronic health information (EHI). By 2020, 57% of the population reported being offered access to their EHI via portal by their healthcare provider, which constitutes a 24% increase since it was first required. However, recent studies have found that there are disparities in who is being offered access to the EHI, specifically in the Black and Hispanic communities. These disparities must be addressed to promote improved health for the general population and health equity.

Journal of Regulatory Compliance

The FDA Steps in to Stop Unlawful Tranquilizer Imports

March 31, 2023Uncategorized

The FDA has taken action to stop the unlawful importation of a drug called xylazine by announcing on February 28 that they have issued an Import Alert for drug products or ingredients that have xylazine active products within them. Xylazine is a drug used in the veterinary field and is contained in drugs that sedate animals such as horses and deer (animal tranquilizers). It has increasingly been found within drugs in the illegal drug trade and has been linked to overdose deaths all over the country including California and Pennsylvania. The FDA’s action is part of its initiative to protect public health and stop the presence of xylazine in the nation’s illicit drugs.

DEADrugsFDAimport alertJournal of Regulatory CompliancetranquilizerXylazine

U.S. Regulators are Employing New Strategies to Crack Down on Historically Challenging Insider Trading Cases

March 31, 2023Uncategorized

In the past, insider trading cases have been considered difficult to prove and prosecute. These cases usually require extensive evidence-gathering coupled with a high burden of proof. However, the Securities and Exchange Commission (SEC) and Justice Department are now turning to new developments in technology and regulatory efforts that have led to an increased focus on investigating and prosecuting insider trading cases. Why were these cases hard to prove in the past and what exactly are these new technologies?

complianceDepartment of JusticeenforcementfinanceFinancial CrimeInsider TradingRegulationRule 10b5-1SEC

Federal Response to the Collapse of Silicon Valley

March 30, 2023Finance & Banking

The collapse of Silicon Valley Bank (SVB), the 16th-largest bank in the United States, in early March of this year is considered the biggest bank failure since the fall of Washington Mutual during the 2008 global financial crisis. After 40 years of success, the bank collapsed swiftly and unexpectedly. The collapse has ricocheted through the industry, provoking bank closures, rattling the global markets, and threatening the livelihood of startups. The Federal government has not only intervened and taken over the bank, but prosecutors and regulators from the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have initiated preliminary investigations. Inevitably the collapse will cause regulators to revise the current banking rules and pursue stricter regulation in order to prevent the demise of other banks and a financial crisis.

Banking RegulationDepartment of JusticeDOJFDICSEC

The First Federal Regulation of “Forever Chemicals” in Drinking Water

March 29, 2023Uncategorized

On March 14, 2023, the Biden-Harris Administration and the EPA announced a proposed rule for regulating public drinking water called the PFAS National Primary Drinking Water Regulation (NPDWR). If finalized, this rule would be the “first-ever national drinking water standard” by regulating chemicals in drinking water. Although many supporters praise the proposed rule, critics wonder whether the federal government is providing public water systems and municipal utilities with enough resources to implement the rule and succeed.

Journal of Regulatory Compliance