FDA Approves Flavored Vape Products for the First Time Ever

Posted on September 11, 2024Categories FDA

The popularity of vaping in the United States peaked in 2018 when the company Juul Labs attracted young customers with its variety of flavors and an easily concealable nicotine delivery device. At that time, the FDA had not approved Juul products for use in the United States but had not banned the products either. Instead, the FDA issued a few limitations regarding the sale of Juul products –in 2018, the FDA limited what flavor Juul pods could be sold, and in 2019 required that customers in all states be at least 21 years of age. This marks the beginning of the FDA’s struggle to regulate the availability of flavored nicotine products, which continues today.
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Clearing Up the Confusion: Classification of Employees and Independent Contractors

Posted on September 11, 2024Categories Employment

In 2019, the Governor of California signed Assembly Bill 5 (AB 5) into law.  This bill sparked a battle in the courts between California’s state attorneys and rideshare giants, Uber and Lyft, who are determined to maintain the independent contractor classification of their workers. However, the new issuance of a DOL rule could change the landscape of this classification battle, not just for rideshare workers, but workers in many industries within the gig economy who could benefit from the new rule.
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Like A “Good Neighbor”: EPA Waits For U.S. Supreme Court Ruling on Rule Regulating Air Emissions Under the Clean Air Act

Posted on August 26, 2024Categories EPA

On February 21, 2024, the Environmental Protection Agency (EPA) argued in front of the U.S. Supreme Court, attempting to continue regulation of the “Good Neighbor” rule in eleven states. The EPA announced the final “Good Neighbor Plan” on March 15, 2023. The “Good Neighbor Plan” established under the Clean Air Act (CAA) aims at reducing emissions from upwind states that cause pollution in downwind states. 
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How the Latest NIL Rulings Impact the NCAA

Posted on August 22, 2024Categories Sports

The Name, Image, and Likeness (NIL) landscape in the National Collegiate Athletic Association (NCAA) has been constantly changing since its enactment in June of 2021. Over the last month, the NCAA has lost a number of legal battles involving the rights of student athletes under the policies created by the NCAA. First, a National Labor Relations Board (NLRB) Regional Director ruled that members of the Dartmouth College men’s basketball team were employees, and therefore have the right to unionize. Most recently, a Tennessee court granted a preliminary injunction that prevents the NCAA from enforcing its NIL rules for compensation for recruits. This injunctions comes as a part of a federal lawsuit claiming that the rules violate antitrust laws. Each ruling has unique implications on the future of the NCAA and the lobbying the organization has been doing in Congress for federal regulation.

The Potential Impacts of Artificial Intelligence in the Environmental Context

Posted on February 15, 2024Categories Environmental

The use of artificial intelligence (AI) has been quickly evolving over the past few years, satisfying unexpected needs and allowing for innovative solutions to different problems. More recently, environmental organizations are increasingly interested in potential AI solutions for environmental issues. AI has the potential to streamline regulatory compliance in the environmental context by switching the approach of environmental regulation from responding to current problems into prevention of future problems through data analysis, predictive analysis, and easier reporting procedures for violations of environmental regulation.

Biden Ties Medicare Reimbursement to Sepsis Treatment

Posted on February 8, 2024Categories Healthcare Compliance

The Centers for Medicare and Medicaid Services (CMS), under the Department of Health and Human Services (HHS), finalized CMS-1785-P in August, a rule that links Medicare reimbursement to the treatment of sepsis. Previously, hospitals were required to report on their sepsis treatment patients, but there was no penalty for not adhering to treatment guidelines. Beginning in Fall 2024, hospitals must meet the specific treatment benchmarks integrated into Medicare’s Hospital Value-Based Purchasing Program (MHVBPP) specifically the provisions outlined in the Severe Sepsis/Septic Shock Management Bundle (SEP-1). Failing to meet these benchmarks could result in significant financial losses for hospitals, ranging from thousands to millions of dollars for larger entities. While hospitals should presently be aware of these requirements and implement plans to meet them, there are concerns about whether the proposed rule is the optimal solution for improving outcomes for sepsis patients.

Regulating AI Used to Predict and Prevent Sports Injuries: A Crucial Need

Posted on February 8, 2024Categories Artificial Intelligence, Sports

The use of Artificial Intelligence (AI) in sports could revolutionize the way athletic injuries are predicted and managed. Notably, a variety of AI companies have developed software that forecasts potential injuries, possibly prolonging athletes’ careers. This technology analyzes data about the biomechanics of players, their frequency of play or training, and past injuries to identify patterns, find potential causes, and predict future injuries. There is immense value in preventing injuries in athletics for players, teams, and fans alike. It would therefore make sense that everyone is eager to utilize the findings of AI, but without regulation this could cause more harm than good.

No “Moore” Realization Events?

Posted on February 8, 2024Categories Uncategorized

In June 2024, the Supreme Court will decide on a case that may completely upend one third of the Internal Revenue Code (IRC). Moore v. United States calls into question whether the 16th Amendment authorizes Congress to tax unrealized gains without apportionment among the states.

U.S. Auditing Watchdog’s Inspections Program Needs Work

Posted on February 8, 2024Categories Uncategorized

The Public Company Accounting Oversight Board (PCAOB) inspects the audits of U.S public companies, and according to former inspectors for the PCAOB the inspection process needs improvement. The SEC and the Sarbanes-Oxley Act empower the PCAOB to establish auditing standards through inspections and compliance reports. The former inspectors criticized the reports produced and call for a wider scope in the process, more details, and for the reports to be released in a timely manner. While the PCAOB is in the middle of a transformation under current PCAOB Chair Erica Williams, the transformation is largely focused on making inspections more efficient. Hopefully, the call to action by former inspectors will result in improved reports by inspectors. For investors, having more context on how the inspection went and being able to review how the PCAOB measures audit quality would allow them to make more informed decisions.