INSIDE COMPLIANCE – Page 36 – Loyola University Chicago School of Law

New York Non-Competes: Competing to Stay Alive

September 21, 2023Uncategorized

There is an ever-growing wave of states banning non-compete agreements (“non-competes”), and New York is likely to join this trend. The New York Legislature just passed one of the broadest non-compete bans in the history of the United States in early June this year, and Governor Kathy Hochul is likely to sign this ban into effect. This broad non-compete ban comes in the form of two bills, both passed by the New York Senate. One bill would ban post-employment non-competes, and the other would prohibit employers from having employees enter into a non-compete, absent a “good faith basis”. If signed by Governor Hochul, these bills will become effective 30 days after signing. These bills will be prospective, meaning they will not invalidate preexisting non-competes signed on or before July 1st, 2023.

Ethics for the Supremes

September 21, 2023Uncategorized

Shortly before the conclusion of the Supreme Court’s term in June 2023, the Court delivered three blows to President Biden and Democratic party. First, the Court struck down the student debt relief program championed by President Biden. Second, the Court ruled in favor of a Colorado web designer who sought the right to refuse service to a same-sex couple. Lastly, the Court gutted affirmative action by making it unlawful for colleges to consider race as a specific factor in admissions. These high-profile decisions came just over a year after the contentious Dobbs decision, following an extraordinary leak, which overturned abortion rights that had been established under Roe v. Wade and Planned Parenthood v. Casey. These cases are perhaps marred by recent ethics scandals amongst the justices. Consequently, voices from both sides of the political aisle have called for reform of the nation’s highest court.

EthicsSupreme Courtprofessional ethics

New Rule Proposed by the EPA to Clean Up Coal Waste in the Midwest

September 21, 2023Uncategorized

On May 18, 2023, the Environmental Protection Agency (EPA) proposed a new rule to address the concern of a previous loophole that allowed pits of coal ash to sit inactive and unmonitored. The new proposed rule was created in response to the August 21, 2018 opinion by the U.S. Court of Appeals for the District of Columbia Circuit in Utility Solid Waste Activities v. EPA.

EPAEnvironmental Protection AgencyEnvironmental LawJournal of Regulatory CompliancePollution

Whatever happens in Vegas, will not stay in Vegas – Casino Cyberattacks

September 25, 2023Uncategorized

On September 11th, 2023, a cyberattack flooded the front pages of publications around the world- MGM Resorts and Caesars Entertainment were the victims of a costly incident. Patrons looking to enter their hotel rooms, go for another spin on the slot machines, or use casino rewards, were appalled at the persistent error messages that kept disrupting them from doing so. The breach had lasted over a week without a concise and strong end to the damage, leaving travelers vulnerable. It is customary that companies seek to find the culprit of the breach, deplete its ability to do more damage, and inform patrons of their safety being returned, and this proactiveness was missing.

cyber-securityData Breachescompliancedata security regulationintellectual propertyransomware attacks

From Chatbots to Diagnosis: The Power and Pitfalls of AI in Healthcare

September 25, 2023Healthcare Compliance, HIPAA & Health Information

The capabilities of generative artificial intelligence (AI) could completely transform our healthcare system as we know it. For better or for worse, the technology advancements in healthcare are rapidly growing. Given the accelerated rollout, experts have yet to predict all the risks associated with such high-functioning computations in the healthcare system. Even though the Food and Drug Administration (FDA) regulates software being used as medical devices (SaMD), there is an overall lack of urgency, agency oversight, and sufficient regulations to tame AI technology in the healthcare system.

generative AIFDAhealthcare

Neuropsychological Exams for Physicians: Good Practice or Discrimination?

October 11, 2023Healthcare Compliance

Recent instances of politicians experiencing medical episodes in the public eye have sparked discussions regarding age limits for politicians. However, a parallel conversation is emerging about the healthcare professionals responsible for our well-being. About four years ago, a small number of health care institutions began implementing various forms of neuropsychological testing policies for older physicians. Since then – over the past few years – this practice has continued to grow and become increasingly controversial. The ongoing debate centers around determining the appropriate age to commence testing for physicians, the specific parameters to test for, and the ethics of mandating such testing. These questions remain subjects of ongoing debate, yet considering the rising demographic of physicians over the age of 60, there is a growing argument for integrating some form of neuropsychological examination.

ADAADEAHealthcare ProvidersHealthcare Professionals

Healthcare’s Red and Blue Pill: AI

October 10, 2023Healthcare Compliance

Artificial Intelligence (AI) has gained widespread attention, often perceived as a buzzword. Recently, concerns about its potential dangers and issues with plagiarism have surfaced. However, AI holds immense promise for transforming industries reliant on data analysis and predictive algorithms, especially in healthcare. AI can significantly improve healthcare by aiding in diagnosis, optimizing patient outcomes, reducing costs, and saving time.

AIHIPAAprotected health information

Sustainability and Environmental Regulations in the Food Industry

October 6, 2023Environmental

The food industry is crucial for ensuring food security and plays a significant role in the global economy. Yet, its environmental footprint often exacerbates the ecological crisis, nudging regulators and stakeholders towards more sustainable practices. Exploring the connection between sustainability initiatives and environmental regulations in the food industry unveils a complex narrative overflowing with progress and challenges.

Melting Point: SEC’s Climate Disclosure Rule and Scope 3 Emissions

October 6, 2023Environmental

With every wildfire, catastrophic storm, and record-breaking heat, climate change is at our front doors. But what can help mitigate some of these effects? Regulations. Holding big polluters responsible for their carbon emissions is a crucial way to mitigate the effects of carbon emissions. Although many big companies voluntarily disclose some of their climate data, the pressure can come from investors, not the government. In an effort to enhance and standardize public companies’ climate data, the Securities and Exchange Commission (SEC) proposed a controversial Climate-Disclosure Rule in April 2022.

environmental regulationSEC

Microsoft is “Leveling Up”: Microsoft’s Acquisition of Activision

October 5, 2023Antitrust, Mergers & Acquisitions

On January 18, 2022, Microsoft announced that it will be acquiring Activision Blizzard, one of the world’s largest gaming corporations. This will be Microsoft’s biggest acquisition in the company’s history. The acquisition is an all-cash purchase, with Microsoft paying $95 per Activision share, totaling to around $68.7 billion dollars. Microsoft and Activision had an original signing date to complete the merger agreement on July 18, 2023, but the companies pushed the date back to October 18 amid regulatory pushback. Although the merger is exciting news for many companies and individuals, other are less than enthused about the new development.