Category:Uncategorized
New Incentives from the DOJ to Urge Companies to Self-Report Crimes
In an action meant to incentive companies to self-report their wrongdoings, the Justice Department (DOJ), has announced big changes to its Corporate Enforcement Policy (CEP). The Department of Justice has long been fighting against corporate criminality in its pursuit to maintain the integrity of the financial market. On January 17, Assistant Attorney General Kenneth A. Polite, Jr., announced revisions to the Criminal Division’s Corporate Enforcement Policy. Some of the revisions include up to a 75 percent reduction in fines for companies that voluntarily report their wrongdoings and fully cooperate with investigations and up to a 50 percent reduction for companies that fully cooperate with investigations even if they do not voluntarily disclose the crime. These incentives further soften the aggressive stance that the Biden administration originally took against Corporate America in 2021.
The SEC’s Proposal for Regulation Best Execution and Its Effect on Broker-Dealers
Megan Aldworth Associate Editor Loyola University Chicago School of Law, JD 2023 On December 14, 2022, the U.S. Securities and Exchange Commission (SEC) announced a proposal for Regulation Best Execution (Reg BE). The regulation would broadly affect those buying and selling securities in a wide array of markets. Reg BE would generally require broker-dealers …
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On the Brink of Dead Pool: The Colorado River at Risk
The Colorado River provides water to seven U.S. states and has been experiencing drought since 2000. Tensions are now rising among the seven states that depend on water from this river. At the request of the Bureau of Reclamation, states were supposed to reach an agreement for how to limit their water usage by January 31, 2023. However, as of February 14, 2023, no such agreement has been met.
Clean Trucks Plan: How Reducing Emissions Impacts the Nation’s Commercial Vehicles
The EPA is expected to introduce tougher heavy duty emissions rules in 2023 as part of the Clean Trucks Plan with the intent to inhibit a significant reduction in greenhouse gas emissions. The quicker these changes in the greenhouse gas rules are made, the better for the environment and the future of the efficiency of transportation. The application of these regulations will lead to more efficient transmissions across the country as it impacts a large variety of important vehicles.
To Compete or to Non-Compete: A Look Into the FTC’s Proposed Ban
On January 5, 2023, the Federal Trade Commission (FTC) released a proposal to ban employers from the use of non-compete agreements with their workers. The FTC’s motivation behind the proposed rule is the protection of American workers, with the regulatory agency stating that non-compete agreements restrict about one in five American workers – about 30 million people. Additionally, the agency estimated that the rule could increase wages by $250 to $296 billion a year across the economy. Since seeking public comment on the ban, the FTC’s broad non-compete proposal has been met with both support and criticism.
ChatGPT Artificial Intelligence: Cybersecurity Risks and Ethical Concerns
From “Fake news” to misinformation and Bots; it has become overwhelmingly challenging to authenticate information on the internet. This has not stopped the evolution of technology as innovators compete to be on the cutting edge of the latest software. OpenAI is an artificial research and deployment company that is responsible for the launch of ChatGPT in November of 2022. The newly released artificial intelligence chatbot is trained to generate realistic and convincing text. The software was fed human literature and internet language enabling it to create a body of text within the parameters of the prompt presented. With more than 1 million users, it has gained traction across the masses. However, the natural language processor has sparked controversy over cybersecurity threats and ethical concerns in its usage.
Expansion of Generic Labeling for Food
The United States Department of Agriculture (USDA) and Food Safety and Inspection Service (FSIS) has loosened the approval for labels on meat, poultry, and egg products. By March 2023, the process for approval of certain labels on certain food products will essentially be discontinued under the Expansion of Generic Labeling Rule.
Regulatory Ecosystem Post-FTX (SBF) Disaster
From “How are institutions and companies investing in crypto” and “Sequoia Capital launches $500 million fund to invest in crypto” to “FTX files for bankruptcy” and “Sequoia Capital marks down its $210 million crypto investments to $0” – the crypto market capitalization skydived from $3 trillion in November 2021 to $881 billion, experiencing a 71% freefall in just one year.
Major household names such as FTX, BlockFi, Celsius, Genesis, TerraLuna, Three Arrows Capital, and Voyager all evaporated within days after public recognition of corporate issues including capitalization and intra-firm lending. Last summer’s TerraLuna and Voyager bankruptcies foreshadowed the debacle to come. However, enthusiasts remained naively optimistic until the shockwave of FTX’s evaporation led to the collapse of an entire market. Investors rushed to withdraw their investments only to see their accounts already frozen or funds already missing. Before it is too late, either the Commodities Futures Trading Commission (CFTC) or the U.S. Securities and Exchange Commission (SEC), or the agencies jointly together, should take action on this volatile decentralized market.
Improving the Biosimilar and Generic Drug Approval Process
Andrew Thompson Senior Editor Loyola University Chicago School of Law, JD 2023 As discussed previously here and here, patent evergreening and patent thickets are key drivers of prescription drug prices that also operate as a barrier to entry which blocks generic manufacturers from placing lower-cost alternatives on the market. This post will examine how newly …
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Federal Trade Commission Accuses Chegg of “Careless” Data Security
On Monday, October 31, the U.S. Federal Trade Commission (FTC) called on education technology provider Chegg, Inc. (Chegg) to bolster its data security, citing lax security practices that regulators said exposed the personal data of more than 40 million Chegg users. The exposed personal information included names, email addresses, passwords, and for certain users, sensitive scholarship data such as dates of birth, parents’ income range, sexual orientation, and disabilities.