INSIDE COMPLIANCE – Page 37 – Loyola University Chicago School of Law

US Data Privacy Laws: Past, Present and Future

February 28, 2022Uncategorized

Despite the technology and data collection sectors rapidly growing over the past few decades, laws protecting consumers in these spaces have barely expanded, if at all. The first, and only, comprehensive federal data privacy regulation was passed in 1974, roughly ten years before the first Mac computer was invented. Since then, we’ve seen a few more federal laws put in place to protect consumer data and even some states take actions into their own hands, but we have yet to see another comprehensive law from the federal government. This begs the question, will the federal government finally enact new data privacy laws for the country as a whole to adhere to, or will they continue to let states take the reins forcing companies to comply with multiple laws at once?

data collectiondata privacyJournal of Regulatory CompliancePrivacy & Securityprivacy lawsUS data privacy

The Ninth Circuit Rules on Net Neutrality, Putting State Regulations of the Internet from Mozilla v. FCC to the Test

February 25, 2022The Marketplace

Net neutrality (or network neutrality) is the idea that internet service providers (ISPs), such as Verizon or Comcast, should not be able to block or prioritize different sorts of data. The Ninth Circuit, which is comprised of Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington state, is the largest Court of Appeals in the United States both in population and land mass. Recently, the Ninth Circuit ruled in a case that net neutrality requirements applied to internet service providers in those states. This decision put to test the U.S. Court of Appeals for the District of Columbia’s 2019 decision of Mozilla v. FCC, which ruled that states would be able to create regulations regarding net neutrality.

internetJournal of Regulatory Compliancenet neutralityninth circuitRegulationtechnologyTechnology and the Law

Sustainability en vogue — More Than Just a Fleeting Fashion Trend

February 25, 2022Uncategorized

“Sustainable,” “eco-friendly,” “ethical,” “recycled” — all buzzwords you might see the next time you’re shopping for a new outfit, designed to make you as a consumer feel like you’re making better choices to help reduce your carbon footprint. But what do those buzzwords really mean — is there any traceable impact the company has made to reduce its carbon footprint? In many cases, unfortunately not. The fashion industry has a major impact on climate change. It is estimated to contribute between 4 and 8.6 percent of the world’s greenhouse gases, and for the most part is largely unregulated. Any efforts to increase sustainability, such as by reducing pollution or eliminating labor abuses, are predominately voluntary commitments with little to no repercussions for failing to uphold those commitments.

environmental regulationfashion sustainabilityFashion Sustainability and Social Accountability Actgreenwashingnew yorkNew York FashionRegulationsustainability

The Financial Services Industry and Its Regulatory Landscape: 2021

February 24, 2022Finance & Banking

Every year, hundreds of financial advisors and brokers across the country are convicted of a host of bad acts, which include conducting Ponzi schemes, misappropriating client funds and forging customer signatures. 2021 was no exception. Here are ten recent examples of how the legal system as well as regulators in the financial services industry, respond to allegations of fraud, misappropriation, improper hiring practices, and criminal activity.

broker-dealerCFPBcriminalFINRAfraudJournal of Regulatory ComplianceSEC

Lifting Mask Mandates: How Districts, Parents, and Students May Struggle to Comply

February 23, 2022Uncategorized

On Friday February 4, 2022, a judge in Sangamon County, Illinois issued a ruling that prohibited mask mandates for school districts across the state. The ruling followed a lawsuit filed by parents from Peoria-area schools against 140 school districts, the governor, the Illinois State Board of Education superintendent, and the director of the Illinois Department of Public Health. The lawsuit challenged mask mandates and other COVID-19 procedures implemented by Governor J.B Pritzker as COVID-19 grew rampant. The ruling exposes the difficulties in implementing and complying with COVID-19 safety measures as schools return back to in-person learning.

#COVID19Educationmask mandate

Nurse for Hire Services, the Next Uber?

February 22, 2022Uncategorized

The pandemic overloaded hospitals with increased patient volume, and after almost two years of battling COVID-19, health care worker burnout is at an all-time high. As a result of burnout, the healthcare industry is suffering from worker shortages, especially among nurses. Nursing shortages are straining hospital profitability, care delivery, and efficiency. Competition for labor will likely continue even after the pandemic. The healthcare labor shortage has attracted significant interest from venture capital. Venture capitalists are pouring millions into new healthcare worker staffing platforms. This week, a proposed measure was filed with the California attorney general’s office that could be on the ballot for the state’s voters this fall. The proposal seeks to classify certain healthcare workers as independent contractors, so that workers can find work online or through apps. The proposal to include health care in the gig economy presents the question of whether nurse staffing platforms will be the next Uber.

EmploymentHealthcare IndustryLabor and Employmentprivate equityRegulation

Expanding Generic Approval Benefits Pharmaceutical Manufacturers & Patients

February 21, 2022Uncategorized

Prescription drug consumers are often left frustrated when confronted with limited generic versions, if any are available, and must resort to paying out-of-pocket for their prescriptions. This is due in part to how the FDA evaluates and approves new drug products prior to market entry. Applications for FDA approval of a drug product reach the FDA by pathways established under the federal Food Drug & Cosmetics Act (FDCA).

Journal of Regulatory Compliance

Stablecoins: Tying Cryptocurrencies to Other Assets

February 19, 2022Finance & Banking

Cryptocurrency has an air of mystery about it. It seemingly burst onto the scene a decade ago, and while some of the stories about it may seem outlandish, many of them are true. The first known Bitcoin purchase was for two pizzas and prices can fluctuate wildly based off of tweets. With the origins of such a thing being the subject of internet humor and its value being so volatile, what level of attention and care is due to it?

BitcoincryptoCryptocurrencycryptocurrency regulationDepartment of the TreasuryetherethereumfinanceIRSSECstablecoinstablecoinstaxtether

2022: U.S. Privacy Chaos, Continued?

February 17, 2022Uncategorized

Conversation surrounding the hodgepodge of state data privacy legislation in the U.S. has long been a subject of frustration within the U.S. and abroad. 2021 saw a drastic uptick in awareness and a need for meaningful comprehensive consumer privacy laws. With both data privacy and cybersecurity repeatedly making front page news over the last year, and even becoming high priority within the Biden Administration, it has become one of the few issues on which people across the political spectrum can agree. But will 2022 be the year that comprehensive federal privacy legislation becomes a reality? Don’t count on it.

Congressdata privacydata privacy lawsfederal data privacy lawsFTCJournal of Regulatory ComplianceprivacyPrivacy & Security

The ATF Has Become Too Weak to Do its Job

February 16, 2022Uncategorized

On January 19, 2022, a searchable database of inspection reports from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) became publicly accessible. The ATF carries out firearms compliance inspections to ensure that federal firearms licensees (FFLs) are complying with federal gun control regulations, as well as local laws. Brady, the organization responsible for compiling the inspection database, reports that even when FFLs have violated regulations, the ATF only rarely revokes their licenses.

atfcomplianceenforcementfirearm regulationGovernment OversightguncontrolJournal of Regulatory ComplianceRegulation