INSIDE COMPLIANCE – Page 13 – Loyola University Chicago School of Law

Blacklisting – the Modern Diplomat’s Weapon of Choice

February 10, 2022Uncategorized

Throughout the end of 2021, the Biden administration intensified its crackdown on civilian organizations believed to be supporting China’s military. As a result, the U.S. Commerce and Treasury departments, acting pursuant to the president’s June 3 Executive Order, recently unleashed a barrage of economic sanctions by effectively blacklisting more than forty Chinese companies, tech firms, and research institutes. Such far-reaching measures have ensnared prominent businesses across a variety of industries, including facial recognition specialists, artificial intelligence companies, and the world’s largest producer of commercial drones, DJI Technology Co. Those targeted were added to either the Commerce Department’s entity list, which blocks trade with U.S. exporters of software and other technologies, or to a Treasury list restricting access to American investment. Placement on the Treasury’s list can be especially damaging to an organization’s financial stability because the agency’s policies not only bar those sanctioned from transacting with domestic businesses but also prohibit American investors from taking stakes in companies on the list. Unsurprisingly, a spokesman for China’s Foreign Ministry quickly denounced the sanctions as an “unwarranted suppression” of Chinese enterprises. Some of the listed companies themselves also publicly criticized their presence on the blacklists, including the artificial-intelligence start-up SenseTime Group which called the accusations against it “unfounded.” U.S. officials, however, defended the decision – citing both national security threats and human rights violations as causes for the sanctions.

International AffairstechnologyTradeRegulation

The Wave of Pay Transparency Laws: Why We Should Discuss Our Salaries

February 9, 2022Uncategorized

Your employer may discourage you from discussing your compensation with your co-workers, but did you know it’s not actually illegal? For example, some managers may portray to you that if you ask about your coworker’s pay, you might as well start packing up your belongings. In addition, most of us are uncomfortable with broadcasting our salary, but what if this secrecy is the reason for the conflict? If we removed that secrecy, it would allow for salary transparency to be standard in the workplace, eliminating the economic marginalization of workers and closing the wage gap.

employersEmploymentDepartment of Laborsalary disclosure

International Student-Athletes Lose Out in NIL Era

December 8, 2021Athletic Regulation

The NCAA’s interim Name, Image, and Likeness (“NIL”) policy has made it possible for student-athletes to receive compensation, however, equitable shortcomings are evident. The most significant issue is faced by international student-athletes, who are substantively barred from capitalizing on the NIL opportunities afforded to their American counterparts.

Journal of Regulatory Compliance

CDC/ED Guidelines for Reopening Schools: Does This End the Debate?

March 4, 2021Uncategorized

For almost a year, schools have been reacting to the unprecedented circumstances that Covid-19 has caused. Most of the mitigation efforts thus far have been at the direction of state and local governments. Only recently have federal agencies given clear and substantial guidance on how to get students back into the classroom. Schools have largely fallen into three categories — in-person, remote, or a blended model that involves students doing some classwork at home and some at school. Some schools moved to increase their in-person learning and some have had to retrace their steps when positivity rates were too high, either in the school or in the larger community.

EducationEDCDCguidanceSchoolsReopening

One of Wall Street’s Hottest Trends: The SPAC

February 16, 2021Finance & Banking

SPACs have been around for decades and often existed as last resorts for small companies that would have otherwise had trouble raising money on the open market. But they’ve recently become more prevalent because of the extreme market volatility caused, in part, by the global pandemic.

While many companies chose to postpone their IPOs due to the pandemic, others chose the alternate route to an IPO by merging with a SPAC. A SPAC merger allows a company to go public and get a capital influx more quickly than it would have with a conventional IPO.

Bankingfinancial regulationfinanceSECRegulation

Chicago City Council Debates Urban Forestry Advisory Board To Address Declining Tree Population

February 15, 2021Uncategorized

Across the United States, metropolitan areas are experiencing a net loss of about 36 million trees every year. That amounts to about 175,000 acres of lost tree cover. Meanwhile, Chicago loses more than 10,000 trees every year due to, in part, inefficient tree trimming and management. Fewer trees means less shade and worse air quality. In response, several Chicago City Council Aldermen are proposing the Urban Forestry Advisory Board (“UFAB”) in order to assess current policies and propose innovative ways to protect Chicago’s tree population.

Chicago treesChicago OIGChicago City CouncilDSSenvironmental regulationDOFtree trimmingUFABUrban Forestry Advisory Board

Cargo Congestion at America’s Container Ports

February 12, 2021Uncategorized

Container ports from coast to coast are inundated with empty cargo containers. The Federal Maritime Commission has commenced an investigation into America’s import and export flows, as many ports are overcrowded with empty containers that have yet to be collected or transported back to their point of origin. Carriers that fail to remove empty containers from the port run the risk of incurring fines or penalties, but there is widespread inconsistency with regard to port authorities and their enforcement practices. In addition, the global pandemic has exacerbated container congestion, as shipping flows reached an all-time high in 2020 and citizens around the world have become increasingly reliant on online retailers to deliver household goods.

Journal of Regulatory ComplianceTransportation

Re-Regulating the Automotive Industry & the Road Ahead

February 11, 2021Uncategorized

A new President and a changing administration mean new priorities across some, if not all of the major executive agencies. One of the more heavily impacted industries will be transportation—specifically the automotive sector. From re-instating stricter emissions standards to moving forward with automated vehicle regulations, the automotive industry in the early 2020s should see innovation and progress at the forefront of the country’s new federal regulatory scheme.

EPAEnergyDepartment of Transport’s National Highway Traffic Safety AdministrationDoTAutonomousAutomotive IndustryAutomated VehiclesNHTSATransportationPresident BidenRegulation

President Biden’s COVID-19 Data-Driven Executive Order to Promote Health Equity

February 10, 2021HIPAA & Health Information

President Joe Biden has issued a number of Executive Orders, many of which address the ongoing COVID-19 public health emergency. On January 21, 2021, President Biden released another pillar of his Administration’s long-term plan to direct the United States out of the throes of the pandemic. The twelfth Executive Order titled, “Ensuring a Data-Driven Response to COVID-19 and Future High-Consequence Public Health Threats” orders the Department of Health and Human Services (“HHS”) Secretary Alex Azar to conduct a nationwide review of the interoperability of public health data systems in an effort to enhance the collection, sharing, analysis, and collaboration of de-identified patient data.

data privacydata collectionCOVID-19CMS regulationCMSdata securityData Reportingdata regulationPandemicHospital RegulationsHospital ComplianceHospitalHHSHealth Insurancehealth dataPresident Bidenpublic health emergencypatient dataRegulation

Market Regulation Issues Raised by the Gamestop Buying Frenzy

February 9, 2021Fraud & Abuse, Finance & Banking

The regulation of hedge funds has largely been unchecked allowing big Wall Street players to manipulate the market for the benefit and at the detriment of other investors. But forced by an unprecedented movement of retail investors, Wall Street is being forced to reckon with the hypocrisy of their practices.

compliance programcomplianceJournal of Regulatory Compliancefinancial regulationfinanceRegulation