Tag:Regulation
Generative AI- The Next Frontier in Fighting Financial Crime
Artificial intelligence (AI) is the latest tool in a financial institution’s arsenal to restrict the flow of money being channeled to fund illegal activities worldwide. As criminals get more innovative and sophisticated in using the latest technology to evade detection of their financial crimes, financial institutions must follow suit and utilize similar technology to root out these crimes or risk facing regulatory sanctions. Money laundering generally refers to financial transactions in which criminals, including terrorist organizations, attempt to disguise the proceeds of their illicit activities by making the funds appear to have come from a legitimate source. However, this is not a new phenomenon. Congress passed the Bank Secrecy Act (BSA) in 1970 to ensure financial institutions follow a set of guidelines known as KYC (Know Your Customer/Client) to detect and prevent money laundering through their systems.
Does College Athletics Need a New Regulatory Body?
In 2021, the Supreme Court decided N.C.A.A. v Alston. This struck down the National Collegiate Athletic Association’s (NCAA) previous prohibition on collegiate athletes earning money on their own Name Image and Likeness (NIL). There is now debate as to what the regulations around NIL should be and who should be making them. The NCAA is currently under fire for their lack of regulations on Name Image and Likeness (NIL) deals for collegiate athletes. Historically, outside of a scholarship, an athlete could receive no compensation for their athletic ability or participation in collegiate athletics.Patrick Chomczyk, a previous editor, wrote a blog in Sept. of 2021, after the Supreme Court Decision of N.C.A.A. v. Alston. He predicted that the NCAA would implement its own rules that comply with the Supreme Court ruling and Federal legislation could follow. In the wake of Alston, the NCAA has only instituted a few rules, all centered around keeping the concept of amateurism alive. Amateurism is the current model of college sports where student athletes are not to receive compensation for their athletic activities. This concept has been repeatedly challenged in recent years.
Politicians Allowed to Serve Long After the Retirement Age
With the recent death of trailblazing Congresswoman Diane Feinstein, discussion of whether Congress members, and politicians in general, should be allowed to serve long after the retirement age are becoming even more prevalent. This conversation is important as people who hold opposite opinions have valid arguments that must be considered. On one hand, the United States has banned age discrimination in the workplace. On the other hand, keeping people who have declining physical or cognitive health may pose a safety concern for our nation, especially when we are discussing high ranking officials. Ultimately, we are a nation for the people and by the people. Thus, we decide whether we place age limitations on our elected officials or not by going to the polls.
College Tuition Payment Plans Are Putting Student Borrowers at Risk
Doria Keys Associate Editor Loyola University Chicago School of Law, JD 2025 College is typically the first instance in which many Americans encounter debt collection, lending, and credit reporting. The most common way that students borrow is by acquiring student loans, either from the U.S. Department of Education or from private financial institutions. A less …
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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