INSIDE COMPLIANCE – Page 48 – Loyola University Chicago School of Law

Pork as a Constitutional Issue: The Dormant Commerce Clause and Animal Protection

October 26, 2022Food and Drug Law

On October 11, 2022, the Supreme Court began to hear the case of National Pork Producers Council v. Ross. The issue of this case stems from Proposition 12, a 2018 ballot revision to existing California law that banned the sale of “whole pork meat from animals confined in a manner inconsistent with California standards.” The National Pork Producers Council and the American Farm Bureau Federation (both referred to as “the Council”) argue that Proposition 12 violates the Dormant Commerce Clause and has reached the Supreme Court on this issue.

Property Rights and the Clean Water Act: The Potential Impacts of SCOTUS’ Decision

October 23, 2022Uncategorized

On Monday, October 3, the Supreme Court began its new term by hearing a case concerning the rights of property owners and the interests of the Environmental Protection Agency’s (EPA) Clean Water Act. When Michael and Chantell Sackett purchased land in Idaho in 2004, they did so with the intention of building a home on the property. Their plans were quashed when the EPA stepped in and declared that the land the couple purchased constituted a wetland, subject to regulation under the EPA’s Clean Water Act because the land is located 300 feet from a large lake. The Court is now faced with the question; how far can the government regulate water in the United States? Additionally, what counts as ‘waters of the United States”? Although the Court is not expected to make a decision regarding this case until June of 2023, the repercussions of the court siding with the Sacketts could be detrimental.

EPAenvironmental regulation1972 Clean Water Actwetlands

Consumers are Suing Dozens of Companies for Sharing Tracking Data

October 23, 2022HIPAA & Health Information

A privacy class action that first exploded in September of this year highlights consumers suing a handful of companies for violating the federal Video Privacy Protection Act. The multitude of class actions hold the Meta Platforms Inc’s Pixel tracking tool accountable for the tracking of consumer data from online platforms. News outlets, sports organizations, and streaming services are all facing lawsuits related the alleged complaints.

Journal of Regulatory ComplianceHIPAAVPPA

Buy Now, Pay Later: A Lesson in Economics for Millennials and Gen-Z

October 22, 2022The Marketplace

The 2008 financial collapse occurred when banks began substantially increasing access to debt in the form of adjustable-rate mortgages. These types of mortgages allowed borrowers to take out home loans at an intertest rate that would increase over time. This meant that more borrowers could afford the initial mortgage payments but would end up defaulting on the loans when their adjustable interest rates kicked in. The banks then packaged these high-risk loans together and sold them as securities to mutual funds, investment banks, and pension funds. When most of these high-risk loans defaulted, the market crashed. The collapse occurred in part because the housing market lacked the regulations needed to deter this kind of high-risk lending. The recession that followed cost thousands of jobs, homes, and retirement accounts.

AffirmAfterpayBuy Now Pay LaterBNLPKlarnaRegulation

The Legal Fight for Student Debt Forgiveness Is Underway

October 21, 2022Finance & Banking

In August, President Joe Biden announced that his administration would be implementing a one-time student loan debt relief program for Americans with student loan debt. Since the announcement, the administration has posted guidance on the Department of Education’s website that explains the plan in detail and attempts to answer some FAQs. The website outlining the plan states that $10,000 worth of debt would be forgiven for Americans making less than $125,000 a year who have outstanding federal student loans. For those who received Pell Grants to pay for college, up to $20,000 worth of student loan debt would be forgiven. The website states that “the Administration will launch a simple application in October” that must be completed by the end of the year to determine whether borrowers qualify for debt forgiveness. That application is now available on the Federal Student Aid website.

ElectionselectionEducationDemocratsDemocratic PartyBidenBiden Administrationmidtermsstudent loansStudent Loan Debt ForgivenessStudent Loan DebtPresident BidenRepublicansRepublican Party

Home Health Care: Cost-Effective, Convenient, and Vulnerable to Fraud

October 21, 2022Fraud & Abuse, Healthcare Compliance

Home health agencies (HHAs) provide health care services to assist individuals with a disability, or who are ill, injured, or elderly. It is a cost-effective and convenient method of receiving quality care that is provided from the comfort of the patient’s own home. While HHAs have been around for years, primarily to serve the elderly and avoid hospitalization, the post-pandemic “at-home” era has made it the fastest-growing healthcare industry in the country. However, the high demands and good intentions of instilling home health agencies come with its adverse counterpart- fraud and abuse.

#healthcarefraudCenters for Medicare and Medicaid ServicesMedicare Advantage Organizationshome health carehealth care fraud and abuse

Post-Pandemic Telehealth and the Fate of Adderall

November 2, 2022Healthcare Compliance, Food and Drug Law

During the COVID-19 pandemic, the federal government and the Drug Enforcement Agency (DEA) temporarily lifted the Ryan Haight Act’s mandate that imposes federal prohibition on online prescribing of controlled substances. The DEA waived its in-person medical examination requirement and set forth different criteria for controlled substances. For as long as the duration of the public health emergency (which was extended through January of 2023 this month), a patient can receive a controlled substance prescription without an in-person examination if the communication was conducted in a two-way, audio-visual, and real-time interactive communication. Covid highlighted the increased use of telehealth and digital health platforms. However, as telehealth surged, public policy has failed to move at the same speed.

DrugsDEAdrug prescriptionhealthcaretelehealth

Grocery Stores Merging: Will the FTC Allow the Kroger-Albertsons Deal to Proceed?

November 3, 2022Uncategorized

The current largest supermarket powerhouse Kroger announced on October 14 their intent to merge with Albertsons Companies, Inc., another huge supermarket retailer in the industry. Kroger owns many well-known stores such as Mariano’s, Ralphs, and of course it’s’ namesake, Kroger. Albertsons Companies owns the Chicago-land staple Jewel Osco and Safeway, among other supermarkets as well. The companies have executed an agreement for Kroger to acquire Albertsons for $24.6 billion. The merger comes in response to the rise of grocery shopping being done at “big box” stores like Walmart and Target, on top of rising food and produce prices from inflation and supply chain issues. However, the merger is facing a lot of backlash, and many are questioning whether it will even be able to pass regulatory procedures. If the deal is approved, it is questionable whether the merger between the two grocery giants will trickle down benefits to consumers.

Journal of Regulatory Compliance

FIFA Needs a Referee: A Lesson on Corruption

November 16, 2022Athletic Regulation

The Fédération Internationale de Football Association (FIFA) deserves praise for growing the beautiful game of soccer since their founding in 1904; however, today the international governing body needs fixing. FIFA exists to govern football and to develop the game around the world. While FIFA preaches access and inclusivity, it has been plagued by corruption from the inside.

CorruptionInternational RegulationoversightFIFAsportslawRegulation

The Committee on Foreign Investment Publishes Its First Ever Guidelines

November 16, 2022Finance & Banking

On October 20, 2022, the panel that reviews foreign investment in the United States for national security concerns published its first ever enforcement guidelines. The Committee on Foreign Investment (CFIUS) in the United States, has never had written guidelines on this topic. While this is the first guidance issued by CFIUS, the guidelines reflect the increased focus on monitoring and enforcement which has been evident since the passage of the Foreign Investment Risk Review Modernization Act of 2018. This continues the trend toward more enforcement relating to foreign investments and more concern surrounding compliance with terms of agreements meant to mitigate national security risks.

Corporate ComplianceInternational AffairsInternational Finance