Category:Uncategorized
DOJ’s Unveils New Tool to Fight Corporate Crime: Care About Compliance
In an effort to deter corporate crime, the Justice Department (DOJ) has implemented a new policy aimed at giving chief compliance officers more authority. Chief Compliance Officers (CCOs) may now need to certify the integrity of their compliance programs and be personally liable if their programs do not “reasonably prevent and deter compliance issues.” According to Brian Michael, a former chief compliance officer (CCO), some industry professionals fear that such a policy would place compliance officers in a position to be personally liable for decisions that they have little say over. There is also worry that implementing such a policy would place CCOs in direct conflict with senior executives. However, Kenneth Polite, assistant attorney general in charge of the DOJ’s criminal division, insists that the new policy will place CCOs in a better position to ensure the integrity of their compliance programs. Polite hopes to force corporations to invest in compliance now rather than pay later.
Loot Boxes: Benign Entertainment or Gambling for Minors?
In 2019, Senator Josh Hawley put forth legislation to regulate loot boxes advertised or sold to minors in video games. The legislation was referred to the Committee on Commerce, Science, and Transportation but did not move any further. The Federal Trade Commission (FTC) has been researching the use of loot boxes since 2018 and has done multiple workshops to promote public awareness of microtransactions. More recently there has been public sentiment for changes in the gaming industry and other countries such as Singapore have taken steps this year to protect consumers from predatory practices of game companies.
Tick Tock for TikTok as Kids Addiction to App Grows
In June of this year, a new California bill, which allows social media companies to be sued by state government attorneys for having features that contribute to the addiction of children to their apps, cleared the state Senate. The bill was originally brought to California’s state assembly as one that would permit parents to sue social media giants for up to $25,000 per violation but was later amended after lobbying from business and tech-industry groups. The worry that social media is able to exploit children through ads, notifications, and other features in the design that are promoting addiction has amplified since the premiere of 2020 documentary, “The Social Dilemma.” Since then, the warning that regulation was looming has quickly turned into actual movement towards regulating the actions of social media companies. The bill has since failed, a disappointing end to an initiative that could have made a real change towards keeping social media giants in check.
DOJ Renews Efforts to Prosecute White-Collar Crime
In October of 2021, the Department of Justice (“DOJ”) announced it would ramp up its enforcement against corporate repeat offenders of white-collar crimes and prioritize action against individual actors to promote accountability. The new measures implemented permit the DOJ to consider all prior wrongdoing by a corporation when deciding how to resolve a new investigation. Leniency programs of the past will not be extended to wrongdoers unless all believed participants, whether employees or executives, are disclosed. There has also been a shift from financial penalties to probationary settlements, which require companies not only to admit fault and pay fines but also to improve their monitoring of employees to deter crime. This may require outside monitoring to verify compliance, which can be burdensome and expensive.
Website Accessibility: What to Know About the ADA’s New Guide
In the recent years, there has been a significant increase in website accessibility lawsuits where plaintiffs claim that they cannot access websites because they are incompatible with assistive technology. Particularly, the number of Americans with Disabilities Act (ADA) Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020. This March, the U.S. Department of Justice published new guidance on website accessibility under ADA, however, businesses still struggle with understanding their compliance responsibilities.
Is this JUUL’s Final Goodbye?
On June 23rd, 2022, the U.S. Food and Drug Administration (FDA) announced that JUUL Labs, Inc., the notorious e-cigarette manufacturer, is ordered to cease distribution of their products in the United States. Since the company’s rise, one of the biggest pushes towards restricting JUUL products in stores across the nation has been fueled by discouraging youth vaping and the uncertainty regarding future health implications. The National Youth Tobacco Survey found that in 2021, approximately two million middle and high school students have reported using e-cigarettes. Meanwhile, more studies are surfacing regarding the adverse health effects that nicotine and e-cigarette products may have.
Madigan-ComEd Bribery Scandal Prompts an Overhaul of Illinois Utility Regulation
Daniel Bourgault Senior Editor Loyola University of Chicago School of Law, JD 2022 In 2020, Commonwealth Edison Company (ComEd) reached a deferred prosecution agreement with the U.S. Attorney’s office as to a federal investigation into the utility company for bribing a high-level elected official. In the agreement, ComEd agreed to pay a fine of $200 …
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Congress Should Revisit the Federal Vacancies Reform Act
In 1998, Congress passed legislation to address vacancies created when a high-ranking official of an executive branch agency leaves their position. The Federal Vacancies Reform Act (FVRA) establishes a time limit of 210 days from the date of a vacancy for which a person may serve in an acting capacity in a position that is otherwise nominated by the President, with advice and consent of the Senate. The FVRA allows acting officials to serve beyond that time if there is a first or second nomination pending in the Senate for the vacancy. However, certain agencies have supplemental succession plans within their enabling statues that may supersede or complicate the FVRA.
The State of the Equal Pay Act in Illinois and Across the Country
In the almost sixty years since the passage of the Equal Pay Act in 1963, women and people of color are still deprived of wages equal to their male and white coworkers. Illinois has recently made strides to level the playing field by passing amendments to their Equal Pay Act requiring large companies to disclose demographic data on their employees and sign compliance statements regarding pay discrimination. Going forward, Chicago is considering requiring employers to post salary ranges on their job postings, while the Biden Administration has been fighting to pass the Paycheck Fairness Act. The future of equal wages in America depends on the results of these crucial legislative battles.
Cracking Down on Ghost Guns
In an effort to reduce gun violence, President Biden has announced tighter regulations on the sale of “ghost guns.” Ghost guns are guns sold in several pieces and subsequently assembled by the buyer. Historically, gun kits have not been required to have serial numbers and their sales have not required background checks, which has made them far easier to acquire than normal firearms, despite the final product being substantially the same.