Tag:Journal of Regulatory Compliance
A Practical Approach to Post-Schrems II Remediation of Cross-Border Data Transfers to the U.S. and Other “High Risk” Third Countries
On July 16, 2020, the Court of Justice of the European Union (“CJEU”) issued its deafening decision that summarily and immediately invalidated the EU-US Privacy Shield. The regulatory program established between the European Council and the U.S. Dept. of Commerce allowed for the transfer of personal data of EU residents to be sent from the EU to the US without violating the data transfer restrictions of the General Data Protection Regulation (“GDPR”). The decision went on to cast serious doubt on the sufficiency of standard contractual clauses to adequately protect data transferred to any third country, not just the US. Several months later, data exporters in the EU are still sorting through the wreckage of their privacy programs and waiting for practical advice on the way forward.
The Freedom to Retire Sustainably: Biden takes on Trump-era rules regarding ESG funds
In the last days of the Trump administration, the Trump Department of Labor (“DOL”) finalized a rule that made it more difficult for socially conscious investments to be included in retirement plans. The Trump-era rule discouraged employer 401(k) and other retirement plans from offering funds from managers that consider Environmental, Social and Governance (“ESG”) factors over investment returns or risk in their due diligence. Despite this, ESG funds continue to gain in popularity, and the new Biden administration has stated that it will not enforce the Trump-era rule as it considers reversing it.
Can Nursing Homes be Sued for COVID-19 Deaths?
Nursing homes have been devastatingly impacted by the COVID-19 pandemic. As of February 26, 2021, as many as 34% (172,000+) of all COVID-19 deaths in the United States have been nursing home residents and employees. While COVID-19’s lethality in older adults and likelihood of transmission in congregate facilities are to blame, plaintiffs’ attorneys specifically question sweeping legislation among various states regarding nursing home restrictions on refusing COVID-19 positive residents and immunity protections. A look at the Public Readiness and Emergency Preparedness (“PREP”) Act and recent federal cases sheds light on the future of plaintiff suits related to COVID-19 deaths in nursing homes.
Flaring and the Flagrancy of its Environmental Devastation
William Baker Associate Editor Loyola University Chicago School of Law, JD 2022 The oil and gas industry recently announced plans to end gas flaring by 2030. Flaring involves the controlled release of excess gas from natural gas wells. While this practice is commonplace in the oil and gas industry, it nevertheless harms the environment …
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TikTok’s Time is Ticking
TikTok is making American headlines once again. Calls to ban the app have been revived by groups of bipartisan legislators. President Biden has threatened to ban TikTok from American digital markets over concerns for how the social media app handles domestic data. Former President Donald Trump attempted to ban the app in the US in 2020, but the ban was ultimately unsuccessful. However, pundits continue to debate whether regulators, legislators, or the President have the power to enforce a TikTok ban
Equitable Offerings: Patient Access to Electronic Health Information
In 2014, the Centers for Medicare and Medicaid Services and the Electronic Health Record Incentive Programs set guidelines requiring all eligible and participating hospitals and providers to offer certified technology that would give patients access to their electronic health information (EHI). By 2020, 57% of the population reported being offered access to their EHI via portal by their healthcare provider, which constitutes a 24% increase since it was first required. However, recent studies have found that there are disparities in who is being offered access to the EHI, specifically in the Black and Hispanic communities. These disparities must be addressed to promote improved health for the general population and health equity.
The FDA Steps in to Stop Unlawful Tranquilizer Imports
The FDA has taken action to stop the unlawful importation of a drug called xylazine by announcing on February 28 that they have issued an Import Alert for drug products or ingredients that have xylazine active products within them. Xylazine is a drug used in the veterinary field and is contained in drugs that sedate animals such as horses and deer (animal tranquilizers). It has increasingly been found within drugs in the illegal drug trade and has been linked to overdose deaths all over the country including California and Pennsylvania. The FDA’s action is part of its initiative to protect public health and stop the presence of xylazine in the nation’s illicit drugs.
The First Federal Regulation of “Forever Chemicals” in Drinking Water
On March 14, 2023, the Biden-Harris Administration and the EPA announced a proposed rule for regulating public drinking water called the PFAS National Primary Drinking Water Regulation (NPDWR). If finalized, this rule would be the “first-ever national drinking water standard” by regulating chemicals in drinking water. Although many supporters praise the proposed rule, critics wonder whether the federal government is providing public water systems and municipal utilities with enough resources to implement the rule and succeed.
The Committee on Foreign Investment of the U.S. Cracks Down on Tiktok: Is a Potential Ban on the Horizon?
Since 2019, TikTok and ByteDance, its parent company, officials have been negotiating with the Committee on Foreign Investment of the United States (CFIUS) regarding required technical safeguards they will need to adopt to be in compliance with US national security concerns. The popular social media app, which gained traction during the beginning of 2020 amidst the Covid-19 pandemic, has been scrutinized by many officials regarding concerns for user privacy. Currently, the Biden administration has been working to encourage TikTok’s Chinese owners to sell their investment in the app or face a potential national ban in the U.S.. However, Tiktok representatives argue this will not alleviate concerns about user data privacy.
SEC Proposes Changes to Adviser Custody Rule
On February 15, 2023, the Securities and Exchange Commission (SEC) proposed an enhanced safeguarding rule for registered investment advisers (RIAs) under the Investment Advisers Act of 1940. The proposal would require RIAs to implement certain additional measures to protect their clients’ assets from theft or misuse. Additionally, to combat the growing concerns around cryptocurrency and to modernize the Advisers Act, the SEC proposal would expand protection to all assets, not just funds or securities.