The Snyder Decision: What is to Come Regarding Federal and State Gratuities Regulations?

Posted on September 19, 2024Categories Ethics, Fraud & Abuse

The Supreme Court of the United States released its 6-3 opinion on Snyder v. United States on June 26, 2024. This decision overturned the conviction of Indiana mayor, James Snyder, who was convicted of accepting an illegal gratuity in violation of Title 18, §666(a)(1)(B) of the United States Code. The Supreme Court held that §666 does not criminalize gratuities for several reasons: the statute’s text, statutory history, statutory structure, statutory punishments, federalism, and fair notice. The scope of §666 is severely narrowed, bringing the question: What is the potential impact of Snyder on other federal and state bribery laws as they apply to state and local officials?
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The New World of Sports Gambling: A Need for More Rules and Regulations on a National Level

Posted on September 19, 2024Categories Journal of Regulatory Compliance, Sports

It has been quite the whirlwind since the 2018 landmark case of Murphy, Governor of New Jersey v. National Collegiate Athletic Association. It ultimately declared The Professional and Amateur Sports Protection Act (PASPA) of 1992 to be in violation of the Tenth Amendment of the United States Constitution. The act effectively outlawed sports betting across the nation, with a few exceptions. The Supreme Court held that PASPA conflicted with the Anti-Commandeering Doctrine of the Tenth Amendment. Additionally, the Court held that the power to regulate this type of activity must be reserved solely to the several states. Since this decision, 38 states and the District of Columbia have legalized sports betting in various forms, with 29 states authorizing online or mobile bets. The rapid growth of the sports gambling industry has brought opportunities for both sports fans, as well as new revenue sources for states. However, it has also exemplified the urgent need for more federal regulation. There are newfound risks to the integrity of sports, a rise in the rates of gambling addiction, all while it becomes increasingly difficult to ensure fair market practice regulations.

Turbulent Times: Boeing’s Ongoing Struggles with Safety and Compliance

Posted on September 19, 2024Categories Department of Justice, Transportation

Boeing is the world’s largest aerospace company, and the leading manufacturer of commercial jetliners. Its reputation as a highly profitable and respected corporation has dwindled over the last couple of years, and 2024 appears to be its worst year yet. Safety incidents involving particular Boeing models have triggered immediate safety concerns and have unearthed significant cultural and ethical challenges within the company. Actions of regulatory bodies tasked with ensuring company safety compliance and accident prevention have revealed a larger-scale issue with aviation industry safety, and the lack of meaningful reform by the Department of Justice (DOJ).

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Justice for Murder Victims Act: Abolishing the ‘Year and a Day Rule’ and the Effects on Federal Homicide Prosecutions

Posted on September 18, 2024Categories Department of Justice

Picture this: A friends loved one is violently attacked one day. Doctors inform the family that there is a high likelihood they will die without a life support technique. The patient is put on life support and for months, despite no progress, friends and family remain hopeful. Around the one-year anniversary of the attack, the family learns of the “year-and-a-day” rule. The “ ” rule is a rule providing that a defendant cannot be convicted of homicide if their victim dies more than a year and a day after the act occurred. With this in mind, what decision should the family make? Do they abandon the hope they keep or forgo an opportunity to hold the perpetrator liable? This is an impossible decision to make and an unfair one to force upon grieving families. The “year-and-a-day” rule has been frequently criticized as due to the advancements in modern medicine that allow victims to live for an extended period of time after the actions against them. Several but it has not been eradicated at a federal level. Putting an end to the “year-and-a-day” rule would have wide-reaching effects on federal prosecution of violent offenders.
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Shein’s IPO: Stitching Profits with Controversy

Posted on September 18, 2024Categories Environmental, The Marketplace

In late 2023, fast-fashion retailer Shein filed to go public in the U.S. markets, which has been delayed because of tensions between the U.S. and China. On June 3, 2024, , which was predicted due to the delay in the U.S. markets. Although the company is well known its clothing prices and its value reported at $66 billion in 2023, the company faces controversy due to its ties to China, negative environmental impact, and alleged forced labor practices.
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Streamlining Regulatory Compliance in Chicago’s Real Estate Development

Posted on September 13, 2024Categories Uncategorized

In December 2023, Chicago Mayor Brandon Johnson took a significant step toward revolutionizing the city’s real estate development process by signing Executive Order No. 2023-21. This directive tasked 14 city departments with identifying the key barriers that complicate housing and commercial development that subsequently lead to delays, increased costs, and uncertainty. The goal was to find solutions to accelerate the approval processes, reduce regulatory redundancies, and streamline compliance with city, state, and federal regulations, ultimately making Chicago’s real estate development process more efficient and predictable.
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CFPB Takes Aim at Credit Card Late Fees in Latest Rule to Eliminate ‘Junk Fees’

Posted on September 12, 2024Categories Banking, Finance & Banking

In January 2022, the Consumer Financial Protection Bureau (CFPB) set out to increase transparency in the pricing of financial services products by implementing rules to eliminate ‘junk fees’ that often obscure the true price of financial products. Through this initiative, the CFPB analyzed the impact of numerous types of fees across banking while simultaneously attracting the scrutiny of banking advocacy organizations such as the American Banking Association (ABA) and the US Chamber of Commerce. These advocacy organizations have challenged the constitutionality of the CFPB funding structure. The CFPB examines all categories of financial products in the search for ‘junk fees’, including recently uncovering paper bank statement fees for statements that were never printed or mailed, add-on products being charged to paid-off auto loan accounts, undisclosed fees imposed on international money transfers, and bank operating systems double-dipping on non-sufficient funds fees. While litigation has recently settled in the Supreme Court to determine that the CFPB is constitutionally funded under the Appropriations Clause, the most recent rule by the CFPB to limit ‘junk fees’ imposed on credit card accounts remains on hold following a decision to grant a Preliminary Injunction by the US District Court for the Northern District of Texas.
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Clean Beauty: Navigating Regulatory Challenges in the Cosmetics Industry

Posted on September 12, 2024Categories Food and Drug Law

“Clean Girl” makeup went viral on TikTok in 2024 following the usual pattern of micro trends. Along with the clean girl hashtag trending, social media influencers are making money off marketing products that allegedly create the “clean girl” look. Although influencers may be promoting little foundation, natural colors, and slick styles when marketing the clean look, the clean beauty market has grown significantly as consumers become more conscious of ingredient safety and environmental impact. This trend focuses on products free from potentially harmful ingredients, often marketed as natural, organic, or eco-friendly. The current regulatory scheme for clean and natural beauty fails to capture the goals of clean beauty.
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FDA Approves Flavored Vape Products for the First Time Ever

Posted on September 11, 2024Categories FDA

The popularity of vaping in the United States peaked in 2018 when the company Juul Labs attracted young customers with its variety of flavors and an easily concealable nicotine delivery device. At that time, the FDA had not approved Juul products for use in the United States but had not banned the products either. Instead, the FDA issued a few limitations regarding the sale of Juul products –in 2018, the FDA limited what flavor Juul pods could be sold, and in 2019 required that customers in all states be at least 21 years of age. This marks the beginning of the FDA’s struggle to regulate the availability of flavored nicotine products, which continues today.
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Clearing Up the Confusion: Classification of Employees and Independent Contractors

Posted on September 11, 2024Categories Employment

In 2019, the Governor of California signed Assembly Bill 5 (AB 5) into law.  This bill sparked a battle in the courts between California’s state attorneys and rideshare giants, Uber and Lyft, who are determined to maintain the independent contractor classification of their workers. However, the new issuance of a DOL rule could change the landscape of this classification battle, not just for rideshare workers, but workers in many industries within the gig economy who could benefit from the new rule.
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