INSIDE COMPLIANCE – Page 27 – Loyola University Chicago School of Law

The SEC’s Regulation Best Interest: Purposes, Components, and Criticisms

October 26, 2022Finance & Banking, Fraud & Abuse

In 2019, the U.S. Securities and Exchange Commission (SEC) adopted Regulation Best Interest (“Reg BI”). Reg BI is a standard of conduct that applies to broker-dealers (a firm in the business of selling securities) and persons associated with broker-dealers when making a recommendation of a certain investment strategy or securities transaction to a retail customer. The SEC gave broker-dealers a time window to implement this new law into firm policies and procedures, and while no regulatory action happened in the first few years of its enactment, the SEC brought its first action in June of this year and FINRA brought its first in October of this year. This makes it especially important for broker-dealer firms to ensure they are presently in compliance with the standards set forth in Reg BI.

Pork as a Constitutional Issue: The Dormant Commerce Clause and Animal Protection

October 26, 2022Food and Drug Law

On October 11, 2022, the Supreme Court began to hear the case of National Pork Producers Council v. Ross. The issue of this case stems from Proposition 12, a 2018 ballot revision to existing California law that banned the sale of “whole pork meat from animals confined in a manner inconsistent with California standards.” The National Pork Producers Council and the American Farm Bureau Federation (both referred to as “the Council”) argue that Proposition 12 violates the Dormant Commerce Clause and has reached the Supreme Court on this issue.

Property Rights and the Clean Water Act: The Potential Impacts of SCOTUS’ Decision

October 23, 2022Uncategorized

On Monday, October 3, the Supreme Court began its new term by hearing a case concerning the rights of property owners and the interests of the Environmental Protection Agency’s (EPA) Clean Water Act. When Michael and Chantell Sackett purchased land in Idaho in 2004, they did so with the intention of building a home on the property. Their plans were quashed when the EPA stepped in and declared that the land the couple purchased constituted a wetland, subject to regulation under the EPA’s Clean Water Act because the land is located 300 feet from a large lake. The Court is now faced with the question; how far can the government regulate water in the United States? Additionally, what counts as ‘waters of the United States”? Although the Court is not expected to make a decision regarding this case until June of 2023, the repercussions of the court siding with the Sacketts could be detrimental.

1972 Clean Water Actenvironmental regulationEPAwetlands

Consumers are Suing Dozens of Companies for Sharing Tracking Data

October 23, 2022HIPAA & Health Information

A privacy class action that first exploded in September of this year highlights consumers suing a handful of companies for violating the federal Video Privacy Protection Act. The multitude of class actions hold the Meta Platforms Inc’s Pixel tracking tool accountable for the tracking of consumer data from online platforms. News outlets, sports organizations, and streaming services are all facing lawsuits related the alleged complaints.

HIPAAJournal of Regulatory ComplianceVPPA

Buy Now, Pay Later: A Lesson in Economics for Millennials and Gen-Z

October 22, 2022The Marketplace

The 2008 financial collapse occurred when banks began substantially increasing access to debt in the form of adjustable-rate mortgages. These types of mortgages allowed borrowers to take out home loans at an intertest rate that would increase over time. This meant that more borrowers could afford the initial mortgage payments but would end up defaulting on the loans when their adjustable interest rates kicked in. The banks then packaged these high-risk loans together and sold them as securities to mutual funds, investment banks, and pension funds. When most of these high-risk loans defaulted, the market crashed. The collapse occurred in part because the housing market lacked the regulations needed to deter this kind of high-risk lending. The recession that followed cost thousands of jobs, homes, and retirement accounts.

AffirmAfterpayBNLPBuy Now Pay LaterKlarnaRegulation

The Legal Fight for Student Debt Forgiveness Is Underway

October 21, 2022Finance & Banking

In August, President Joe Biden announced that his administration would be implementing a one-time student loan debt relief program for Americans with student loan debt. Since the announcement, the administration has posted guidance on the Department of Education’s website that explains the plan in detail and attempts to answer some FAQs. The website outlining the plan states that $10,000 worth of debt would be forgiven for Americans making less than $125,000 a year who have outstanding federal student loans. For those who received Pell Grants to pay for college, up to $20,000 worth of student loan debt would be forgiven. The website states that “the Administration will launch a simple application in October” that must be completed by the end of the year to determine whether borrowers qualify for debt forgiveness. That application is now available on the Federal Student Aid website.

BidenBiden AdministrationDemocratic PartyDemocratsEducationelectionElectionsmidtermsPresident BidenRepublican PartyRepublicansStudent Loan DebtStudent Loan Debt Forgivenessstudent loans

Home Health Care: Cost-Effective, Convenient, and Vulnerable to Fraud

October 21, 2022Fraud & Abuse, Healthcare Compliance

Home health agencies (HHAs) provide health care services to assist individuals with a disability, or who are ill, injured, or elderly. It is a cost-effective and convenient method of receiving quality care that is provided from the comfort of the patient’s own home. While HHAs have been around for years, primarily to serve the elderly and avoid hospitalization, the post-pandemic “at-home” era has made it the fastest-growing healthcare industry in the country. However, the high demands and good intentions of instilling home health agencies come with its adverse counterpart- fraud and abuse.

#healthcarefraudCenters for Medicare and Medicaid Serviceshealth care fraud and abusehome health careMedicare Advantage Organizations

Department of Education Reinforces Protections Under Title IX

October 20, 2022Compliance Spotlight

It has been more than 100 days since the overturning of Roe v. Wade. In the wake of this decision, on October 4, the Biden administration reinforced guidelines regarding legal protections related to abortion and pregnancy under Title IX.

complianceEducationRegulationTitle IX

Chicago Aims to Abolish Sexual Harassment in the Workplace

October 20, 2022Uncategorized

Sexual harassment in the workplace is prohibited in Chicago. To further instill this message, in April 2022, Mayor Lightfoot and the Commission on Human Relations amended the sexual harassment laws (Human Rights Ordinance) to provide sharpened tools to employers and employees for preventing sexual harassment. These amendments strengthened the existing laws in strictly enforcing zero tolerance of violence and harassment in the workplace through written employment policies, posters, and training. Starting July 1, 2022, strict compliance with these amendments became the standard throughout Chicago.

ChicagoJournal of Regulatory Compliancesexual harassmentworkplace

The Gig is Up: Government Efforts to Regulate Gig Work and the Changing Definition of Employment

October 20, 2022Uncategorized

On October 11, 2022, the Department of Labor released a proposal to redefine independent contractor classifications under the Fair Labor Standards act. The change in definition, if approved, will have major implications for gig workers and companies such as Uber, Doordash, Grubhub, etc. These companies have already had a drop in stock value because of the announcement and the companies are at risk of losing more value as the gig economy destabilizes.

Department of LaborLabor and EmploymentRegulationTransportation