INSIDE COMPLIANCE – Page 35 – Loyola University Chicago School of Law

Protecting Classified Information: Scrutiny, Legislation, and Potential Ripple Effects

September 24, 2023National Security

In recent months, the protection of classified material has been a prominent topic in the media. Following a DOJ probe into the matter, on June 8th, 2023, Trump was indicted by the Florida Grand Jury for the alleged mishandling of classified documents. These serious accusations have prompted questions regarding existing policies and legislation aimed at protecting our country against security threats, as well as questions regarding how well the existing policies and laws are protecting our nation’s most sensitive secrets. This blog examines the current legislation that governs the classification, handling, storage, and protection of classified information, and how the current system lacks sufficient rigor to prevent persons with ill intent from exploiting the weaknesses in the system. Finally, there will be a review of the current, proposed legislation that is intended to tighten up the classification system and prevent a repeat of serious security threats that have recently come to light.

A Fresh Perspective: How FSMA Compliance is Revolutionizing Large Food Distribution Corporations

September 24, 2023Compliance Spotlight, Food and Drug Law

As the world becomes increasingly concerned with food safety, large food distribution corporations find themselves grappling with a novel challenge: the Food Safety Modernization Act (FSMA). Mandated by the FDA, the FSMA aims to prevent foodborne illnesses through stringent regulations, thus compelling food corporations to adapt or face penalties. This writing will delve deeper into how the FSMA will reshape the food distribution landscape by influencing operational strategies, implementing accountability measures, and fostering an environment ripe for innovation.

compliance effectivenesscomplianceenvironmental regulationsfood regulations

Florida’s War on “Woke” – First Amendment Concerns and the Stop “W.O.K.E” Act

September 24, 2023Uncategorized

Florida recently passed the “Stop W.O.K.E” Act (Senate Bill 147 / House Bill 7) (The “Act”), effectively banning public colleges in the state from using funds on diversity, equity, and inclusion (DEI) programs. Florida’s governor and current Presidential candidate, Ron Desantis, defines W.O.K.E as “Wrongs to Our Kids and Employees”. The passing of this legislation follows another highly controversial piece of legislation passed earlier this year, Florida’s “Don’t Say Gay” bill, that largely bars Florida educators from discussing LGBTQIA+ topics with students. Governor Desantis has led an aggressive campaign against academic freedom to combat a perceived “woke indoctrination in [U.S] schools, that is a road to ruin for this country”. The implementation of this legislation brings up valid concerns regarding the First Amendment rights of the State’s educators and population at large.

Journal of Regulatory Compliance

Regulating the Worst Kind of AI-Generated Content

September 23, 2023Uncategorized

On September 05, 2023, a bipartisan coalition of all fifty state attorneys general along with four attorneys general from U.S. territories came together to sign a letter to Congress. The letter urged Congress to establish an expert commission to specifically study how artificial intelligence (AI) contributes to the exploitation of children. The attorneys general further stressed the urgency of expanding existing laws on Child Sexual Abuse Material (CSAM) restrictions to include AI-generated content.

childrenenforcementartificial intelligenceabuseChapGPTfederal regulationharassmentsexual assault

The Attack on Gender Affirming Care: How Should Providers in Sanctuary States React?

September 23, 2023Healthcare Compliance

The political debate surrounding Gender Affirming Care (GAC) is gaining momentum nationwide as 22 states have already enacted laws that restrict medical professionals from offering hormonal and/or surgical treatments to transgender minors. Despite endorsement and approval of this treatment by various medical organizations, such as the AMA, efforts to limit access for minors continues to press forward. Aside from the ongoing battle between politicians and medical providers, the constitutional implications of such legislation remain uncertain.

complianceLegislationGender Affirming Care

The Supreme Court Striked Affirmative Action: Now What?

September 23, 2023Uncategorized

Following the Supreme Court’s decision striking down affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, higher education institutions face challenging decisions in their admissions process. Although this may be a frightening time for many, California and Michigan have eliminated affirmative action years prior. These states may provide some insight as to how universities may maintain diversity. We may not see the implications of this decision until years to come. However, universities have the opportunity to collectively work together in order to maintain diverse student bodies and better represent the diverse individuals who help compose the United States of America.

College AdmissionsEducationDepartment of Educationstudents

MSG’s Usage of Facial Recognition Technology Sparks Civil Rights Debate

September 22, 2023Uncategorized

A woman attempting to chaperone her daughter’s Girl Scout troop on a trip to attend a Rockette’s show at Radio City Music Hall was denied entry based on facial recognition technology. The security subsequently revealed that she was on a list of excluded attorneys as her firm was involved in ongoing litigation against Madison Square Garden (MSG) Entertainment (which owns Radio City Music Hall). this could be one of the consequences of allowing private corporations to use facial recognition technology.

Facial Recognitiontechnologyprivacy

SEC Launches Largest Regulatory Blitz Since the Great Recession, and Wall Street Readies for War: Part One of a Two Part Series

September 22, 2023Finance & Banking

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.

financial regulationSECRegulation

Protecting the Sport or Protecting the Person: Why NIL Deals for College Athletes Need Federal Regulation

September 22, 2023Sports, Athletic 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.

College SportsNCAARegulation

FDA Oops: Two Orphan Drugs Approved for Same Disease or Condition

September 22, 2023Food and Drug Law

An orphan drug treats a rare disease or condition that occurs so infrequently in the United States that there is no reasonable expectation that the cost of making the drug will ever be recovered by the manufacturer. The Orphan Drug Act of 1983 incentivizes pharmaceutical manufacturers to investigate and develop drugs for rare diseases with a low probability of profitability. Orphan drugs have been approved and used to treat various cancers, Huntington’s disease, Fragile X syndrome, pulmonary fibrosis, myelomas, carcinomas, and other rare and unfortunate ailments that impact people’s lives. According to the National Organization for Rare Disorders, the number of approved drugs for treating rare diseases soared from 38 drugs before the act to 6,583 orphan-drug designations by the Food & Drug Administration (FDA) today. Undoubtedly, the Orphan Drug Act has had a positive impact on both patients suffering from rare conditions and the manufacturers that utilized the law.