Rachel Kosmos

Global Tech Regulation: The Impact of the E.U.’s Digital Markets Act on Big Tech Giants and the Potential Shift in U.S. Policies

Big tech companies in the United States are largely subject to fewer and less restrictive regulations than those found in other parts of the world. The E.U., however, is rapidly becoming one of the most “assertive regulators” of big tech, which consequently affects American companies that participate in the global market, such as Amazon, Apple, and Google. In response to the growing need for stricter antitrust and data privacy laws, the E.U. adopted the Digital Markets Act (“DMA”) in September of 2022. The DMA’s obligations are set to be fully applicable in March of 2024. 

The Battle Over the Endangered Species Act: Reversing Trump-era Changes and Protecting Imperiled Wildlife

On January 20, 2021, his first day in office, President Biden passed Executive Order 13990, directing all executive departments and agencies to “immediately review” existing regulations, orders, policies, etc. that were “promulgated, issued, or adopted” by the previous administration between January 20, 2017 and January 20, 2021 and identify those that are or may be inconsistent with “important national objectives” regarding protecting public health, the environment, and restoring science. The order further directs agency heads to review such policies and consider whether to take any agency actions to fully restore and enforce important national objectives. A key focus of this order was to strengthen and fully enforce the Endangered Species Act, emphasizing the importance of conservation efforts and wildlife protection.

The Cosmetic Industry Gets a Makeover: Building a Strong ‘Foundation’ for Safety Standards

On December 29, 2022, President Joe Biden signed a massive $1.7 trillion omnibus federal spending bill into law. Most notably, as tweeted out by Biden, this comprehensive legislation focused on investing in medical research and safety, veteran’s healthcare, disaster recovery, funding for the Violence Against Women Act, and military aid to Ukraine. Importantly, the bill also establishes the Modernization of Cosmetic Regulation Act of 2022 (MoCRA), which according to Biden, is “the most significant expansion of FDA’s authority to regulate the cosmetics industry since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938.” This legislation ushers in long overdue and stepped-up regulatory oversight, compliance, and consumer protection in the previously loosely regulated cosmetics industry. This blog will discuss the need for the updated regulations, the landmark litigation that illustrated the negative impacts on consumer’s health from an industry that was less than transparent and under-regulated, and the intent of the new legislation including if the legislation goes far enough to protect consumers from potentially harmful products.

Protecting Classified Information: Scrutiny, Legislation, and Potential Ripple Effects

In recent months, the protection of classified material has been a prominent topic in the media. Following a DOJ probe into the matter, on June 8th, 2023, Trump was indicted by the Florida Grand Jury for the alleged mishandling of classified documents. These serious accusations have prompted questions regarding existing policies and legislation aimed at protecting our country against security threats, as well as questions regarding how well the existing policies and laws are protecting our nation’s most sensitive secrets. This blog examines the current legislation that governs the classification, handling, storage, and protection of classified information, and how the current system lacks sufficient rigor to prevent persons with ill intent from exploiting the weaknesses in the system. Finally, there will be a review of the current, proposed legislation that is intended to tighten up the classification system and prevent a repeat of serious security threats that have recently come to light.