Taelor Thornton Associate Editor Loyola University Chicago School of Law, JD 2024 On May 14, 2022, a gunman opened fire with a legally obtained AR-15-style rifle at a supermarket in Buffalo, New York, killing 10 people. Ten days later, an 18-year-old gunman killed 19 children and two teachers at Robb Elementary School in Uvalde, Texas. …
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In June, the Federal Elections Commission (FEC) announced that they would not investigate allegations that two of former President Trump’s campaign committees illegally misreported hundreds of millions of dollars in spending. If true, these allegations would constitute the “largest alleged violation in FEC history” according to FEC Commissioner Ellen L. Weintraub. The initial complaint alleged that the committees failed to disclose payments to friends and family members of the former President, such as Lara Trump, who is Trump’s daughter-in-law, and Kimberly Guilfoyle – Donald Trump Jr.’s fiancé. In it’s decision, the FEC’s Republican Commissioners voted not to investigate the matter, which is therefore no longer being pursued. This situation illustrates how the FEC has consistently failed to investigate the Trump reelection campaign for alleged violations of campaign finance law.
On June 24, the Supreme Court officially overturned Roe v. Wade. In doing so, it declared that there was no longer a constitutional right to abortion, allowing state police power to determine its legality. Immediately after this decision, trigger laws went into effect across a quarter of the states, making abortions illegal. Post Dobbs, information collected on personal devices, especially through period-tracking and telemedicine apps, is at risk of being exposed and utilized as criminal evidence.
The New Jersey Cannabis Regulatory Commission (the Commission) recently issued interim guidance on the workplace drug testing provisions of the state’s recreational cannabis law. The guidance is meant to act as a placeholder until the standards for Workplace Impairment Recognition Expert (WIRE) certification are published, which outlines how employers should respond when employees are suspected of marijuana impairment. The interim guidance confirms that an employee’s off-duty use of cannabis cannot be the reason for any adverse employment action, but employers are allowed to terminate workers who are under the influence during work hours.
As the summer came to an end, headlines about thousands of residents losing access to water swept the nation. The news came first out of Jackson, Mississippi. But although the southern city’s complete loss of access to water dominated the new cycle, it was far from the only place dealing with this issue. A few days later, reports of boil water advisories in Baltimore and NYC hit the news cycle. Unfortunately, these are only the latest instances in a long string of issues with access to safe and clean drinking water across the country.
For compliance programs to be effective, bad behavior must be reported internally to management and an avenue must exist to report externally to regulators and the media. For whistleblowers to be willing to come forward, it is critical that they are protected.
On September 15, 2022, Deputy Attorney General Lisa Monaco issued a memorandum to the Department of Justice (DOJ) titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”. This memorandum is otherwise known as the “Second Monaco Memo”, named after the Deputy Attorney General. This is the second memorandum Monaco has issued in the past year, as the first memorandum was issued in October of 2021. The first memorandum announced the establishment of a Corporate Crime Advisory group, its purpose was to guide and review the DOJ’s approach to corporate criminal enforcement. These memorandums are important to both the defense bar and corporate counsel, as they establish rules and guidelines for corporate criminal enforcement.
In March of this year, the Securities and Exchange Commission (SEC) proposed a new rule that would require public companies to disclose important information about their carbon footprint. Although many continue to sing the praises of the new rule, a fair share of critics has emerged as well. Additionally, while this proposal may have an impact on large public companies, critics question what this rule will mean for smaller suppliers.
China has long persecuted individuals in their Xinjiang region, mostly Uyghurs and Turkic Muslims. Specifically, the Chinese government has a long history of forcing Uyghurs and Turkic Muslims to do manual labor. These human rights violations prompted President Biden to sign the Uyghur Forced Labor Prevention Act (UFLPA) into law late last year. On June 21, 2022, the UFLPA went into effect, blocking the importation of goods made from forced labor in the Xinjiang region of China. The law has four main functions. It employs both an enforcement strategy and a diplomatic strategy, it applies a presumption that all goods from the Xinjiang region are barred, and it has required sanctions. Although the United States had previously restricted imports from the Xinjiang region under the Trump administration, this is the furthest step forward the US government has taken to eliminate imports from the region all together.
In September 2022, the Occupational Safety and Health Administration (OSHA) issued a new instruction which broadens the scope of the agency’s inspection program, the Severe Violator Enforcement Program (SVEP). The previous directive, which went into effect in 2010, allowed OSHA to place employers in the program if its employees committed certain serious violations, especially if they had already been cited for the violation once or received a failure-to-abate notice. The new instruction allows OSHA to place employers in the program that probably would not have met the criteria in the previous directive.