INSIDE COMPLIANCE – Page 27 – Loyola University Chicago School of Law

Growing Banking Crisis: Silicon Valley Bank Failure

April 7, 2023Uncategorized

Founded in 1983, Silicon Valley Bank (SVB) is a midsize California-based lender that shook the foundation of the entire global financial system. Regulators closed SVB on March 10, making it the largest bank failure since the 2008 financial crisis and the second largest in U.S. history. While SVB offered various services from standard checking accounts to loans, it was primarily home to venture capitalists in the tech industry. Therefore, the majority of the corporate deposits were larger than the Federal Deposit Insurance Corporation’s (FDIC) $250,000 insurance limit, leaving over $150 billion in uninsured deposits at the end of 2022. The sudden collapse caused a frenzy leaving companies and investors vulnerable having already experienced mass layoffs in the tech industry.

Department of JusticeDOJBanking/FinanceBanking RegulationBankingFTCFederal ReserveFDICSEC

FDA’s Role in Food Chemical Safety

April 12, 2023Food and Drug Law

The U.S. Food and Drug Administration (FDA) protects people from exposure to adverse chemicals in food through the implementation of rigorous regulations. The FDA can do so through the close evaluation of the use of chemicals as food ingredients and the substances that come into contact with food, as well as the broad monitoring of the food supply for chemical contaminants. This can include the food packaging process, storage process, and other handling measures.

chemicalsFDAFDA regulations

Reproductive Health Data Privacy – A Right To Life

May 12, 2023HIPAA & Health Information

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.

Civil Rightsdata securityHIPAAPrivacy & SecurityprivacyRegulation

Legal Risks to Employers when Employees use ChatGPT

April 21, 2023Uncategorized

Since ChatGPT became public in November 2022, it has created questions for employers about how to incorporate the tool into workplace policies and best maintain compliance with government regulations. This artificial intelligence language platform, that is trained to interact conversationally and perform tasks, raises issues regarding intellectual property risks, inherent bias, data protection, and misleading content.

EmploymentEthicsAIchatgptintellectual propertyPrivacy & Security

McLaren Macomb’s Changes to Severance Agreements Signals a Shift in Power for the NLRB

April 20, 2023NLRB

Lucas Bowerman Associate Editor Loyola University Chicago School of Law, JD 2024 In McLaren Macomb, 372 NLRB No. 58, the National Labor Relations Board (NLRB) changed the validity and enforcement of confidentiality and non-disparagement clauses in severance agreements when it held that employers may no longer proffer language that infringes upon Section 7 National Labor …
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Employment Lawlabor unionsLabor ComplianceNLRB

Federal Trade Commission Rule Would Make it Easier to Cancel Subscriptions

April 20, 2023Compliance Spotlight

The Federal Trade Commission (FTC) is proposing a rule that would make it easier for consumers to cancel subscription services and free trials they no longer want. This proposal, the “click to cancel” provision, was announced on March 22 and is part of the FTC’s ongoing review of its 1973 Negative Option Rule. This Rule regulates any and all unfair and deceptive practices related to subscriptions, memberships, and other recurring-payment programs.

complianceFTCregulatory compliance

Do More Bank Failures Equal More Bank Regulations?

April 19, 2023Finance & Banking

The recent closures of Silicon Valley Bank and Signature Bank, the second and third largest bank failures in U.S. history, have sparked intense discussions pertaining to banking regulations and resulted in both statements and ongoing investigations by the Biden administration, members of Congress, the Federal Reserve, Federal Deposit Insurance Corporation (FDIC), and U.S. Government Accountability Office (GAO).

complianceDepartment of the TreasuryAmerican Banking AssociationBanking/FinanceBanking RegulationfinanceFederal Reserve BankFederal ReserveSiliconValleyBank

“Fairness” Over Inclusion: Pushing Trans Athletes Out of Competitive Sports

April 18, 2023Athletic Regulation

The fight for inclusion and equality in sports has been a long and ongoing battle. In recent years, the participation of transgender athletes at the professional level has been one of the most contentious issues. Even as countries like the US have made strides to advance equality for transgendered people, the world of athletics has struggled to find a way of allowing trans athletes to participate while assuaging claims of unfairness and safety concerns. With their decision to ban all trans athletes from participating in women’s sports, World Athletics – which governs track and field worldwide – has once again brought this hotly debated issue to the forefront. The decision has raised questions about the future of transgender athletes in sports and highlights the ongoing challenges they face in achieving full inclusion and equality.

athleticsInternational Regulationolympicstransgender

Time to Rethink Corporate Compliance amid DOJ’s New Guidelines

April 14, 2023Uncategorized

The U.S. Department of Justice (DOJ) announced significant changes to its Evaluation of Corporate Compliance Programs (ECCP) on March 2, 2023, at the American Bar Association’s National Institute on White Collar Crime. By investigating deeper into companies’ compliance programs, DOJ now provides new stricter guidelines and emphasizes its vigilance and the level of commitment expected from companies. The latest announcement illustrates DOJ’s continued emphasis on company policies regarding compliance incentives and disincentives in executive compensation and the preservation of company communications made via personal devices and instant messaging applications.

compliance oversightDepartment of JusticeDOJ

SEC Proposes Changes to Adviser Custody Rule

April 14, 2023Adviser

On February 15, 2023, the Securities and Exchange Commission (SEC) proposed an enhanced safeguarding rule for registered investment advisers (RIAs) under the Investment Advisers Act of 1940. The proposal would require RIAs to implement certain additional measures to protect their clients’ assets from theft or misuse. Additionally, to combat the growing concerns around cryptocurrency and to modernize the Advisers Act, the SEC proposal would expand protection to all assets, not just funds or securities.

Custodyasset protectionJournal of Regulatory ComplianceSEC