Category:Uncategorized
Proposed Public Charge Intended for Immigrants but will Impose on Health Care
Every time we turn on the news, someone is either talking about immigration reform or health care reform. Health care and immigration are two major areas that President Trump promised to address and is attempting to tackle within his first two years in office. Although most would not consider that these two issues would overlap, in today’s American health care system, Americans need immigrants. Immigrants contribute a great deal to our medical research, make up a large percentage of our health care providers, and subsidize health insurance premiums.
As Direct-to-Consumer Genetic Analysis Becomes More Popular, Five Privacy Considerations Arise
Direct-to-consumer genetic testing kits have exploded in popularity over the last decade. Ancestry.com and 23andMe proudly state they have had ten million and five million customers, respectively, using their DNA testing services. One study projects that improvements in technology and popularity will cause DNA testing to increase tenfold by 2021. Many experts in the field of genetics and bioethics have expressed concern regarding the ability of regulators and privacy infrastructure to keep pace with the expansion of these types of genetic services. We may not be at a point where we understand the full implications of having such large banks of genetic information, but here are five reasons to be concerned.
California to Corporations: No More Male-Only Boards
California Governor Jerry Brown signed a historic bill on September 30 that mandates every publicly held corporation whose principal offices are located in California to have a representative number of women on its board of directors. In a letter announcing Senate Bill 826, Governor Brown admits that there are serious legal concerns to the bill and that its potential flaws could “prove fatal to its ultimate implementation” but that it is time to force action regarding the lack of gender diversity on company boards.
On Methane Leaks, Obama to Trump Administration Rules Illustrate Fundamental Priority Shift
The Trump administration recently delivered a one-two punch to late Obama administration environmental regulations designed to curb the release of methane gas into the atmosphere while simultaneously encouraging its capture for sale. Two Obama era regulations were modified. The first, from the Department of the Interior, was effectively abrogated, while the other stemming from the Environmental Protection Agency (“EPA)” is expected to retain only a fraction of its original force. Environmental groups have already responded to the repeal of the department of interior regulation with a lawsuit in federal court. Methane gas pollution became a greater concern in recent years as the production and use of natural gas as an energy source continues to increase. Proponents of earlier regulations point to methane’s potent contribution to the greenhouse effect, while critics argued the regulations were unnecessary given the natural gas industry’s own efforts and incentives to reduce leaks and capture as much usable gas as possible.
Opportunity Zone Program: Opportunity for Investors or Opportunity for Communities?
With the implementation of the Tax Cuts and Jobs Act that was passed in 2017, there have been several changes to the tax system. The Opportunity Zone program was a small piece of the tax reform that has recently gained more publicity. The Opportunity Zone program provides tax benefits to real-estate investors. The Trump Administration recently released definitions and rules in a package of proposed regulations.
Corporate Compliance: How Important are Relationships?
Regulatory compliance requires investment, but it can also mean opportunity. The level of investment looks different depending on the industry. One consistency covering all industries impacted by regulation is the potential benefit resulting from relationships with compliance officers and regulatory officials. Embracing compliance means embracing the relationships that follow.
Climate Change: A Compliance Crisis
In October 2018, the Intergovernmental Panel on Climate Change of the United Nations issued a special report on the impact of global warming. The report shared extensive research about our changing atmosphere and issued a grave warning: we must act immediately. The harrowing news came just over one year after President Trump ordered the United States’ withdrawal from the Paris Climate Agreement in June 2017. This begs the question: how will changes be made when the world’s most powerful and impactful hegemon refuses to cooperate?
Fifth Circuit Faced with Post-Marks Litigation: Do We Know What an “Automated Telephone Dialing System” is Anymore?
Will new litigation affect Beto O’Rourke’s campaign? With election polls opening up for early voting last week, a one week left of campaigning and the new Telephone Consumer Protection Act (the “TCPA”) litigation to defend, it is unlikely that Beto O’Rourke will be slowing down any time soon. O’Rourke has made it his mission to reach all voters, not just those residing in the three major cities: Austin, Houston and Dallas. New litigation filed October 19, 2018, raises the question whether “Beto for Texas” reached those voters in violation of the TCPA and the recent Marks v. Crunch decision. The litigation will address whether the 5th Circuit will implement Marks expansive definition of an “automated telephone dialing system.”
GDPR Enforcement Notice to AggregateIQ
On July 6, the Information Commissioner’s Office (ICO) issued their first Enforcement Notice to AggregateIQ (AIQ) under the General Data Protection Regulation (GDPR) and the United Kingdom’s Data Protection Act (DPA). The GDPR is a law regulating data protection and privacy as well as the export of personal data outside of the European Union (EU). It became enforceable on May 25, 2018. The DPA supplements the GDPR and regulates the processing of personal data. The ICO is a regulatory office in the UK which enforces regulations under the DPA and GDPR. AIQ is a Canadian digital advertising, web and software development company that was charged with violations regarding the use of data analytics in political campaigning. This article will address the AIQ enforcement notice and how companies ensure compliance with the GDPR to prevent receipt of an enforcement notice.
You’ve Heard About the GDPR, but What About the CCPA?
On June 28, 2018 California took a page out of the European Union’s (EU) book and signed the California Consumer Privacy Act (CCPA) into law. The CCPA is a landmark privacy bill that will come into effect on January 1st, 2020 and it is being closely compared to the General Data Protection Act (GDPR).
What does this mean for California businesses and residents? In short, more privacy and more control over data. Key aspects include allowing consumers to request what data an organization has collected about them, allowing consumers the right to fully erase data, protecting children’s data, and making verification processes more stringent for businesses.