Tag:Regulation
SEC Launches Largest Regulatory Blitz Since the Great Recession, and Wall Street Readies for War: Part One of a Two Part Series
Securities and Exchange Commission (SEC) Chair, Gary Gensler, has introduced more regulatory proposals impacting market participants than former SEC Chair, Mary Schapiro, did in the same time frame following the Great Recession almost fifteen years ago. The SEC has formally adopted 22 of 47 regulatory proposals since 2021, and in August released extensive final rules targeting private funds. The new regulations in part require private fund advisors to increase disclosure to their investors regarding fees, expenses, and other terms of their relationship. Other new rules prohibit preferential treatment of some investors that may materially affect other investors in the same fund.
Protecting the Sport or Protecting the Person: Why NIL Deals for College Athletes Need Federal Regulation
Mayhem has ensued in the world of college sports since July 1, 2021, when college athletes could first benefit from their name, image, and likeness (NIL) based on an interim policy passed by the National Collegiate Athletic Association (NCAA). Chaos emerged after a number of states adopted policies regarding athlete’s name, image, and likeness. This forced the NCAA to pass a policy allowing such deals across the board, while stating in their release that the organization would continue to work with Congress to create a solution on the national level. However, two years later, no such solution has come to fruition, and in that time, states that have a large investment in the success of their college sports have been able to create or edit their legislation to benefit the performance of their teams.
PGA Tour and LIV Golf Partnership: A Swing and a Miss?
The PGA Tour and LIV Golf have agreed to a partnership, ending the rivalry that has divided golf for the past year. While golf fans may be rejoicing, it may be a premature celebration as the Justice Department has already been investigating the golf industry for anticompetitive behavior. The announcement of the PGA Tour and LIV Golf partnership has raised further concerns about monopolistic practices within the golf industry.
Reproductive Health Data Privacy – A Right To Life
Following the Supreme Court decision to overturning Roe v. Wade on June 24, 2022, the Dobbs v. Jackson Women’s Health Organization ruling that gutted the long-established right to an abortion has been a constant focus, both inside and outside of the legal and healthcare communities. Notably, the ruling has remained a central focus within both the government, federal and state, and surrounding the tech sector. And these Dobbs-related conversations have a theme – the topic of health data privacy. But more specifically, discussions about data privacy surrounding reproductive healthcare.
Secret Shoppers Not Just in Stores: Use of Secret Shopping in Higher Education
Federal Student Aid (FSA), and the office of the Department of Education, announced on March 14th their plans to better monitor and enforce universities’ practices such as enrollment and the use of federal student aid to ensure that all regulations are being complied with. Secret shopping is used by enforcement agencies to scope out violations and get a better idea of how organizations, institutions or businesses are non-compliant with regulations. FSA hopes that this plan will incentivize universities to follow procedures and policies accordingly and will help determine which schools are being predatory by not complying with regulations. The main goal of sending out secret shoppers is to protect current and future students from harmful and predatory practices that are prohibited.
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
U.S. Regulators are Employing New Strategies to Crack Down on Historically Challenging Insider Trading Cases
In the past, insider trading cases have been considered difficult to prove and prosecute. These cases usually require extensive evidence-gathering coupled with a high burden of proof. However, the Securities and Exchange Commission (SEC) and Justice Department are now turning to new developments in technology and regulatory efforts that have led to an increased focus on investigating and prosecuting insider trading cases. Why were these cases hard to prove in the past and what exactly are these new technologies?
FTC Continues Investigation into Twitter’s Privacy Practices
Sophie Shapiro Associate Editor Loyola University Chicago School of Law, JD 2024 Over the past few months, the Federal Trade Commission (FTC) has begun an investigation against Twitter, specifically into Elon Musk’s personal role in various high-profile decisions including massive layoffs, rapid changes to Twitter’s features and the sharing of internal company records with journalists.
Justice Department Hitting Corporate Executive Lawbreakers Where it Hurts
The Justice Department introduced a new pilot program last week that encourages companies to center their compensation policies around rewarding good behavior and punishing those partaking in criminal activity. Deputy Attorney General, Lisa Monaco, previewed the program at an American Bar Association conference in Miami.
Biden Administration to Knock “Chip” off China’s Shoulders: Proposed Export License Revocation Seeks to Remove Huawei’s Access to the US Market
The Biden administration has considered not only ending all future export licenses between US microchip producers and Huawei, but also revoking existing licenses to sell microchips to the Chinese tech company. This move is just one section of increasing tensions between China and the United States but could have long-reaching consequences for the United States and the global tech market.