Category:Uncategorized
New York Non-Competes: Competing to Stay Alive
There is an ever-growing wave of states banning non-compete agreements (“non-competes”), and New York is likely to join this trend. The New York Legislature just passed one of the broadest non-compete bans in the history of the United States in early June this year, and Governor Kathy Hochul is likely to sign this ban into effect. This broad non-compete ban comes in the form of two bills, both passed by the New York Senate. One bill would ban post-employment non-competes, and the other would prohibit employers from having employees enter into a non-compete, absent a “good faith basis”. If signed by Governor Hochul, these bills will become effective 30 days after signing. These bills will be prospective, meaning they will not invalidate preexisting non-competes signed on or before July 1st, 2023.
Ethics for the Supremes
Shortly before the conclusion of the Supreme Court’s term in June 2023, the Court delivered three blows to President Biden and Democratic party. First, the Court struck down the student debt relief program championed by President Biden. Second, the Court ruled in favor of a Colorado web designer who sought the right to refuse service to a same-sex couple. Lastly, the Court gutted affirmative action by making it unlawful for colleges to consider race as a specific factor in admissions. These high-profile decisions came just over a year after the contentious Dobbs decision, following an extraordinary leak, which overturned abortion rights that had been established under Roe v. Wade and Planned Parenthood v. Casey. These cases are perhaps marred by recent ethics scandals amongst the justices. Consequently, voices from both sides of the political aisle have called for reform of the nation’s highest court.
New Rule Proposed by the EPA to Clean Up Coal Waste in the Midwest
On May 18, 2023, the Environmental Protection Agency (EPA) proposed a new rule to address the concern of a previous loophole that allowed pits of coal ash to sit inactive and unmonitored. The new proposed rule was created in response to the August 21, 2018 opinion by the U.S. Court of Appeals for the District of Columbia Circuit in Utility Solid Waste Activities v. EPA.
Whatever happens in Vegas, will not stay in Vegas – Casino Cyberattacks
On September 11th, 2023, a cyberattack flooded the front pages of publications around the world- MGM Resorts and Caesars Entertainment were the victims of a costly incident. Patrons looking to enter their hotel rooms, go for another spin on the slot machines, or use casino rewards, were appalled at the persistent error messages that kept disrupting them from doing so. The breach had lasted over a week without a concise and strong end to the damage, leaving travelers vulnerable. It is customary that companies seek to find the culprit of the breach, deplete its ability to do more damage, and inform patrons of their safety being returned, and this proactiveness was missing.
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.
Cybersecurity Compliance: Safeguarding Sensitive Information
In today’s interconnected world, cybersecurity regulations have become crucial for organizations to safeguard sensitive information, mitigating legal and commercial risks. Navigating the complex landscape of regulatory compliance can be a daunting task. However, organizations can effectively meet the regulatory compliance challenge and protect their data with the appropriate standards, procedures, and protocols.
The Future of Privacy in Tech Might Just Depend on Trust
It is fair to say that privacy is a priority for nearly all companies, but technology organizations in particular. Many have had to adopt and quickly develop robust compliance programs, documentation, reporting, and consumer request systems to comply with global privacy laws or face serious fines and consequences. In the United States alone, nine states (California, Virginia, Connecticut, Colorado, Utah, Iowa, Indiana, Tennessee, and Montana) have signed comprehensive privacy laws into effect with an additional 16 pending in local legislature. Beyond this, individual one-off laws such as the Illinois Biometric Information Privacy Act, signed into effect in 2008, make privacy even more important.
College Tuition Payment Plans Are Putting Student Borrowers at Risk
Doria Keys Associate Editor Loyola University Chicago School of Law, JD 2025 College is typically the first instance in which many Americans encounter debt collection, lending, and credit reporting. The most common way that students borrow is by acquiring student loans, either from the U.S. Department of Education or from private financial institutions. A less …
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Federal Trade Commission Proposed Rules Shake Up M&A Market
Tomer D. Elkayam Associate Editor Loyola University Chicago School of Law, JD 2024 The Federal Trade Commission (FTC) has announced proposed changes to the Hart-Scott Rodino Antitrust Improvement Act (HSR Act), which are considered the most substantive changes since its enactment 47 years ago. The HSR Act, which is codified at 15 U.S.C. § 18a, …
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Fragrance Regulations Prioritize Wealth Over Health
Whether it is recognized or not, humans are exposed to a variety of products containing fragrances every single day. However, for something that is so common in the average human’s life, these chemicals are not as highly regulated as consumers would expect. While the Food and Drug Administration has requirements in place that fragrance formulas must meet in order to be incorporated in products, these formulas can also be considered “trade secrets.” This means that the formulas do not have to be disclosed to the public after FDA review. As a result, consumers should become more educated about potentially hazardous fragrance chemicals. These chemicals may lead to negative health consequences because they have gone unnoticed by the public.