INSIDE COMPLIANCE – Page 25 – Loyola University Chicago School of Law

The Biggest Upset of March Madness: Unequal Accommodations

March 30, 2021Athletic Regulation, Compliance Spotlight

A major upset took place on first day of the very much anticipated 2021 National Collegiate Athletic Association (“NCAA”) Division 1 Basketball Tournaments, and I am not referring to any of the games that took place on that day. In the evening of March 18th, University of Oregon Forward Sedona Prince took to social media to expose the evident discrepancies between the weight room facilities for the men’s and women’s tournament facilities. To prevent a coronavirus outbreak, each of the tournaments are taking place in a bubble funded by the NCAA. The video Prince posted showed the women’s tournament weight room which consisted of a single set of dumbbells, then showed the men’s tournament weight room that was supplied with various training equipment. Not only were there massive disparities between the weight rooms for the men’s and women’s tournaments, but there is also a clear and substantial difference in the “swag bags” given to each student athlete participating in the tournament from the NCAA. As well as the quality of food provided to the female student athletes who are competing in the tournament.

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The Revised Lead and Copper Rule – Will it make an impact?

March 30, 2021Uncategorized

In 1991, the U.S. Environmental Protection Agency (EPA) published a regulation under the Safe Drinking Water Act to control lead and copper in drinking water, referred to as the Lead and Copper Rule (LCR). The Rule was created to protect public health by minimizing lead and copper levels in drinking water, primarily by reducing water corrosivity through corrosion control treatment. While implementation of the LCR has resulted in major improvements in public health, there is still much that needs to be done as research continues to show cities today see higher than normal levels of lead in their drinking water.

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A Practical Approach to Post-Schrems II Remediation of Cross-Border Data Transfers to the U.S. and Other “High Risk” Third Countries

March 26, 2021The Art of Compliance

On July 16, 2020, the Court of Justice of the European Union (“CJEU”) issued its deafening decision that summarily and immediately invalidated the EU-US Privacy Shield. The regulatory program established between the European Council and the U.S. Dept. of Commerce allowed for the transfer of personal data of EU residents to be sent from the EU to the US without violating the data transfer restrictions of the General Data Protection Regulation (“GDPR”). The decision went on to cast serious doubt on the sufficiency of standard contractual clauses to adequately protect data transferred to any third country, not just the US. Several months later, data exporters in the EU are still sorting through the wreckage of their privacy programs and waiting for practical advice on the way forward.

data privacycompliance programcompliancedata securityJournal of Regulatory CompliancePrivacy & Security

The Freedom to Retire Sustainably: Biden takes on Trump-era rules regarding ESG funds

March 26, 2021Finance & Banking

In the last days of the Trump administration, the Trump Department of Labor (“DOL”) finalized a rule that made it more difficult for socially conscious investments to be included in retirement plans. The Trump-era rule discouraged employer 401(k) and other retirement plans from offering funds from managers that consider Environmental, Social and Governance (“ESG”) factors over investment returns or risk in their due diligence. Despite this, ESG funds continue to gain in popularity, and the new Biden administration has stated that it will not enforce the Trump-era rule as it considers reversing it.

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Can Nursing Homes be Sued for COVID-19 Deaths?

March 26, 2021Uncategorized

Nursing homes have been devastatingly impacted by the COVID-19 pandemic. As of February 26, 2021, as many as 34% (172,000+) of all COVID-19 deaths in the United States have been nursing home residents and employees. While COVID-19’s lethality in older adults and likelihood of transmission in congregate facilities are to blame, plaintiffs’ attorneys specifically question sweeping legislation among various states regarding nursing home restrictions on refusing COVID-19 positive residents and immunity protections. A look at the Public Readiness and Emergency Preparedness (“PREP”) Act and recent federal cases sheds light on the future of plaintiff suits related to COVID-19 deaths in nursing homes.

COVID-19liabilityJournal of Regulatory ComplianceNursing HomesExecutive OrdersGovernor JB PritzkerGovernor Andrew CuomoHealth and Human ServicesPREP Act

Flaring and the Flagrancy of its Environmental Devastation

March 15, 2021Uncategorized

William Baker Associate Editor Loyola University Chicago School of Law, JD 2022 The oil and gas industry recently announced plans to end gas flaring by 2030. Flaring involves the controlled release of excess gas from natural gas wells. While this practice is commonplace in the oil and gas industry, it nevertheless harms the environment …
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Navigating the AI Frontier: Securing the Future of Financial Services

September 15, 2023Finance & Banking

As artificial intelligence becomes more available, apprehension regarding its potential impact on security and data protection grows, especially within the financial services sector. AI technology undoubtedly provides some benefits to the financial sector by offering services that would otherwise be unwieldy, inefficient, time-consuming, and costly when undertaken by humans. The financial services sector is no stranger to security risks and with the increased prevalence of AI, the threat landscape grows larger, especially when considering the financial sector’s increasing dependence on web applications and APIs.

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The East Palestine Train Derailment

April 7, 2023Uncategorized

Earlier this month, an environmental disaster caused by a train derailment in a west Ohio town has resulted in close scrutiny from the Environmental Protection Agency (EPA). On February 3, 2023, a Norfolk Southern freight train derailed in East Palestine, Ohio, resulting in a chemical spill of millions of liters of toxic liquids. Among the spill’s immediate effects were chemical leakage into local water supplies and air pollution originating from a controlled burn. The EPA has since stepped in to hold Norfolk Southern accountable for the clean-up, but unanswered compliance questions still remain.

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The Role of Regulators During the Collapse of Silicon Valley Bank

April 7, 2023Uncategorized

On March 10th, 2023, Silicon Valley Bank (SVB) collapsed practically overnight, followed only two days later by the collapse of Signature Bank. Prior to its collapse, SVB uniquely served a single category of customers – start-ups. As the largest bank failure since the 2008 financial crisis, SVB’s bankruptcy resulted in significant consequences for the tech industry. While SVB has since been acquired by First Citizens BancShares, the House Financial Services Committee is currently seeking answers from both regulators and SVB executives about how such a failure could have occurred and how to prevent it from happening again.

Department of the TreasuryBankingfinanceFederal ReserveFDICtechnology

Secret Shoppers Not Just in Stores: Use of Secret Shopping in Higher Education

April 6, 2023Uncategorized

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.

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