Tag:Journal of Regulatory Compliance
No Post Hoc Justification for Submitting False Claims
On June 1, 2023, in a unanimous opinion, the United States Supreme Court ruled in United States et al. ex rel. Schutte et al. v. Supervalu Inc. et al. and United States et al. ex rel. Proctor v. Safe-way, Inc. that the scienter element of the False Claims Act (FCA) refers to a defendant’s knowledge and subjective beliefs. Supervalu and Safeway knew they were charging government health insurance programs more for prescription drugs than what they usually and customarily charging regular customers, in violation of the FCA.
Regulatory Implications of the FTC’s Proposed Ban on Noncompete Clauses
The landscape of post-termination benefits and rights for employees is continuously evolving. In recent developments, the Federal Trade Commission (FTC) has proposed a rule that could significantly change the dynamics of the job market by seeking to ban noncompete clauses. This proposal impacts businesses and employees and intersects with other regulatory frameworks, calling for an integrated perspective on its implications.
Florida’s War on “Woke” – First Amendment Concerns and the Stop “W.O.K.E” Act
Florida recently passed the “Stop W.O.K.E” Act (Senate Bill 147 / House Bill 7) (The “Act”), effectively banning public colleges in the state from using funds on diversity, equity, and inclusion (DEI) programs. Florida’s governor and current Presidential candidate, Ron Desantis, defines W.O.K.E as “Wrongs to Our Kids and Employees”. The passing of this legislation follows another highly controversial piece of legislation passed earlier this year, Florida’s “Don’t Say Gay” bill, that largely bars Florida educators from discussing LGBTQIA+ topics with students. Governor Desantis has led an aggressive campaign against academic freedom to combat a perceived “woke indoctrination in [U.S] schools, that is a road to ruin for this country”. The implementation of this legislation brings up valid concerns regarding the First Amendment rights of the State’s educators and population at large.
New Rule Proposed by the EPA to Clean Up Coal Waste in the Midwest
On May 18, 2023, the Environmental Protection Agency (EPA) proposed a new rule to address the concern of a previous loophole that allowed pits of coal ash to sit inactive and unmonitored. The new proposed rule was created in response to the August 21, 2018 opinion by the U.S. Court of Appeals for the District of Columbia Circuit in Utility Solid Waste Activities v. EPA.
New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment
The New Jersey Cannabis Regulatory Commission (the Commission) recently issued interim guidance on the workplace drug testing provisions of the state’s recreational cannabis law. The guidance is meant to act as a placeholder until the standards for Workplace Impairment Recognition Expert (WIRE) certification are published, which outlines how employers should respond when employees are suspected of marijuana impairment. The interim guidance confirms that an employee’s off-duty use of cannabis cannot be the reason for any adverse employment action, but employers are allowed to terminate workers who are under the influence during work hours.
Department of Justice Announces The Second Monaco Memo
On September 15, 2022, Deputy Attorney General Lisa Monaco issued a memorandum to the Department of Justice (DOJ) titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”. This memorandum is otherwise known as the “Second Monaco Memo”, named after the Deputy Attorney General. This is the second memorandum Monaco has issued in the past year, as the first memorandum was issued in October of 2021. The first memorandum announced the establishment of a Corporate Crime Advisory group, its purpose was to guide and review the DOJ’s approach to corporate criminal enforcement. These memorandums are important to both the defense bar and corporate counsel, as they establish rules and guidelines for corporate criminal enforcement.
Imperative Progress in Your Data Privacy and Protection
Amanda Scott Associate Editor Loyola University Chicago School of Law, JD 2024 In June 2022, a draft of a bipartisan bicameral bill known as the American Data Privacy and Protection Act was introduced. This bill was proposed as a replacement to current laws to further protect and strengthen federal data privacy and protection regulations. This …
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Madigan-ComEd Bribery Scandal Prompts an Overhaul of Illinois Utility Regulation
Daniel Bourgault Senior Editor Loyola University of Chicago School of Law, JD 2022 In 2020, Commonwealth Edison Company (ComEd) reached a deferred prosecution agreement with the U.S. Attorney’s office as to a federal investigation into the utility company for bribing a high-level elected official. In the agreement, ComEd agreed to pay a fine of $200 …
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Online Daily Fantasy Sports – Gambling or Derivatives Trading?
Patrick Gilsenan Senior Editor Loyola University Chicago School of Law, Weekend JD Dec. 2022 The question of why it’d be legal to gamble in the stock market but not the Super Bowl has been made moot in recent years. In the wake of recent Supreme Court decisions and state legalization, sports betting is widespread and …
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Congress Should Revisit the Federal Vacancies Reform Act
In 1998, Congress passed legislation to address vacancies created when a high-ranking official of an executive branch agency leaves their position. The Federal Vacancies Reform Act (FVRA) establishes a time limit of 210 days from the date of a vacancy for which a person may serve in an acting capacity in a position that is otherwise nominated by the President, with advice and consent of the Senate. The FVRA allows acting officials to serve beyond that time if there is a first or second nomination pending in the Senate for the vacancy. However, certain agencies have supplemental succession plans within their enabling statues that may supersede or complicate the FVRA.