INSIDE COMPLIANCE – Page 19 – Loyola University Chicago School of Law

The Clean Air Act: Private Groups Fill Regulatory Void – Sue to Hold EPA Accountable for Failure to Properly Regulate Dangerous Emissions

October 28, 2020Uncategorized

On October 13, 2020 Earthjustice filed a petition for review with the D.C. Circuit Court of Appeals on behalf of a coalition of environmental groups and scientists asserting that a Final Rule promulgated by the Environmental Protection Agency (“EPA”) failed to adequately regulate certain carcinogenic emissions as required by the Clean Air Act. The Miscellaneous Organic Chemical Manufacturing (“MON”) rule, effective as of August 12, 2020, regulates toxic emission of about 200 chemical plants which release dangerous carcinogens including ethylene oxide which have been shown to be contributing to cancer hotspots around the country. However, the petitioners contend that the final MON rule fails to properly regulate unacceptable levels of risk posed by ethylene oxide and the other carcinogens released by MON facilities.

Clean Air Actenvironmental regulationEnvironmental Protection AgencyJournal of Regulatory Compliancetoxic air emissions

Covid-19 Tenant Eviction Long-Term Relief: Designing a more Effective Data Privacy Remedy in Tenant Screening

October 28, 2020Uncategorized

Covid-19 has not only damaged the health and physical well-being of those stricken by the potentially deadly coronavirus, but it has also ravaged the livelihoods and financial stability of many millions more people around the world. The virus spread across the U.S. with incredible speed as more than 100,000 people had already been infected by early March. In many ways the unexpected and quick arrival of the pandemic caught many households financially unprepared and ill-equipped to survive the economic shutdown unscathed. For those that have experienced rent hardship and have, or will soon, be subject to an eviction for non-payment of rent, they must recover not only from the short-term challenges of finding shelter and putting their lives back together, but also the long-term struggle of finding suitable housing with an often disqualifying and indelible mark on their rental history.

data privacyCOVID-19Journal of Regulatory CompliancePrivacy & Securityprivacy

Are employers allowed to mandate COVID-19 vaccination?

October 27, 2020Uncategorized

As COVID-19 is back on the rise throughout the United States and various vaccine trials are occurring, employers are beginning to consider COVID-19 vaccine mandates for all their employees. While no vaccine has been approved yet, predictions point to a possible release by the end of the year. The vaccine is not expected to be readily available until mid-2021 for the general public, which makes it difficult for most employers to mandate vaccination at least until 2021. The Equal Employment Opportunity Commission (“EEOC”) has yet to release guidance on COVID-19 vaccine so it is best to consider guidelines discussing flu vaccines for now. Although there are necessary accommodations due to federal legislation, vaccine programs are permissible.

EEOCEmployment#COVID19#CoronavirusADAJournal of Regulatory ComplianceOSHA

How Proxy Access for Shareholders Can Hold Corporations Accountable

October 15, 2020The Art of Compliance, Finance & Banking

Proxy access is not about giving shareholder’s rights, it is about checking C-suite power so that everyone wins instead of just the CEOs. Proxy access has the potential to address some of the pressing issues with corporate power. Corporate power and influence are concentrated in the board of directors, proxy access gives shareholders the opportunity to infiltrate this exclusive “inner circle” of power. Shareholder access to the board can push change towards greater diversity in the boardroom and demand greater transparency and compliance.

Corporate GovernanceCorporate ComplianceCorporate Accountabilitydodd-frank actDodd-FrankBoard of Directorsboard of directors oversightJournal of Regulatory Complianceproxy votingshareholdersRegulation

COVID-19’s Gender Impact

March 15, 2021The Marketplace

As March starts and we enter Women’s History Month, Time Magazine, The New York Times, National Public Radio, CNBC, The Washington Post, and more wrote articles on the unique and disproportionate effects that COVID-19 has had on women. However, by focusing exclusively on the effect of COVID-19 on women, we ignore the impacts faced by gender non-binary people. This approach leaves many people to continue to be disproportionately impacted by the pandemic, as economic impacts cannot be addressed and answered, if they are not first acknowledged.

The United States’ current systems and its response to COVID-19 has failed to serve many people, in fact, the pandemic has amplified existing economic and social inequalities. If we are to resolve these inequalities, instead of focusing on the disproportionate effects experienced by cis-gender women, the focus should shift towards marginalized people, such as, cis and transgender women, and non-binary individuals. This article takes a limited approach due to its length, and it focuses on the effects COVID-19 has had on women, and the transgender and non-binary community, where the United States needs to acknowledge the economic inequalities these people face and change the current systems.

EmploymentJournal of Regulatory Compliancetax

Texas Abortion Ban: The State-Sanctioned Killing of Poor Black and Brown Pregnant People

September 15, 2021Uncategorized

Texas Senate Bill 8 (“SB 8”), also known as “The Texas Heartbeat Act,” went into effect on September 1, 2021, banning abortions after six weeks of pregnancy or after the fetus’s heartbeat has been detected. Additionally, it awards any civilian who successfully reports someone for aiding, abetting, or performing an abortion after the six-week mark with $10,000. The United States Supreme Court, as Justice Sotomayor described, “buried their heads in the sand” and decided not to comment on the abortion ban’s constitutionality under the guise of a technicality. Historically, abortion bans have been death penalties to many people seeking abortions and contribute up to thirteen percent of pregnancy-related deaths. Abortion bans do not reduce the number of abortions, but rather reduce the number of safe abortions while increasing avoidable deaths. Abortion bans work as a form of dangerous regulatory mechanisms that function as the state-sanctioned killing of poor people who are often Black, Brown, and indigenous who cannot travel outside the state to receive care.

disabilitiesabortion accessabortionbansmarginalizedJustice SotomayorJournal of Regulatory ComplianceOBGYNHyde AmendmentImmigrationGovernmental OversighttexasPOCSB 8SCOTUS

Together we go … to the White House?: The Cybersecurity Risks of Peloton

April 20, 2021The Marketplace, Uncategorized

Peloton has a coined the term “together we go far” as their company slogan, and over the course of this year that is exactly what this company has done. Since the company launched in 2012, Peloton has gone far and wide delivering their fitness technology to millions of people across the globe. Peloton is an international company that designs at-home gym equipment and produces virtual workout classes for their customers to live-stream or watch on-demand through their Peloton products. Peloton provides an outlet for fitness and competition while building a positive and inclusive community for their members across the United States and the world. Of the millions of members in the Peloton community, one is our leading man in office President Joe Biden.

Privacy & SecurityRegulation

Crypto Confusion Leads to Legislative Action: Multiple Bills Introduced to Clarify Federal Regulation of Cryptocurrencies

April 19, 2021Finance & Banking

Cryptocurrencies have often been associated with illegal activities due to the fact that they allow users to remain relatively anonymous. This anonymity is possible because, when transacting with Bitcoin and other cryptocurrencies, you can see where funds are being sent but not who sent or received them. However, there are signs that the use of crypto for unlawful purposes may be falling with illicit activity accounting for just 0.34% of all crypto transactions last year – down from roughly 2% a year earlier. Despite this improvement, cryptocurrency regulation appears to remain a top priority for federal lawmakers. One such example of this is the proposal of an anti-money laundering rule which would require people who hold their cryptocurrency in a private digital wallet to undergo identity checks if they make transactions of $3,000 or more. But Congress does not appear to be stopping there. As cryptocurrencies surged in value in recent days, lawmakers jumped to introduce two new bills aimed at advancing regulation of these precarious digital assets.

cryptocurrency regulationCryptocurrencyCommodity Futures Trading CommissionEliminate Barriers to Innovation ActBitcoinJournal of Regulatory CompliancetaxToken Taxonomy ActSecurities and Exchange CommissionRegulation

Breaking Up the Monopoly on Antitrust

April 19, 2021Uncategorized

Antitrust laws regulate the concentration of economic power, the core of which was passed under the Sherman Act in 1890 and remain central to antitrust today. However, the laws are not applied today the way they were in their heyday of antitrust regulation – in the 1970s and 1980s, the Chicago School of Economics took hold over the courts’ antitrust jurisprudence, and since then the courts have been far more amiable to market concentration. The Chicago School’s economic analysis of law argued that big firms were not a threat to growth and prosperity and have successfully argued for a hands-off approach to monopolies and mergers outside of a narrow focus on consumer welfare.

Chicago School of EconomicsAntitrustJournal of Regulatory ComplianceIndex FundsHipster AntitrustRegulation

It’s Not Too Early to Start Worrying About Discriminatory Algorithms in Your Code: A Practical Approach to Self-Regulation

April 16, 2021The Art of Compliance

There’s no doubt that remote work, brought on by the coronavirus pandemic, will accelerate the digital revolution already underway. Consumers’ growing appetite to conduct their business online, rather than in-person, has fueled the proliferation of digitally accessible products and services. For instance, movie theaters have closed their doors while content streaming services have experienced exponential growth. And while the restaurant industry, as a whole, has suffered, ‘virtual’ kitchens and grocery delivery apps have picked up steam. A critical question that arises from these trends is “what can be done to eliminate biases in the algorithms that drive these digital transactions?”

data privacycomplianceJournal of Regulatory ComplianceGDPRPrivacy & Security