Streamlining Regulatory Compliance in Chicago’s Real Estate Development

Posted on September 13, 2024Categories Uncategorized

In December 2023, Chicago Mayor Brandon Johnson took a significant step toward revolutionizing the city’s real estate development process by signing Executive Order No. 2023-21. This directive tasked 14 city departments with identifying the key barriers that complicate housing and commercial development that subsequently lead to delays, increased costs, and uncertainty. The goal was to find solutions to accelerate the approval processes, reduce regulatory redundancies, and streamline compliance with city, state, and federal regulations, ultimately making Chicago’s real estate development process more efficient and predictable.
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CFPB Takes Aim at Credit Card Late Fees in Latest Rule to Eliminate ‘Junk Fees’

Posted on September 12, 2024Categories Banking, Finance & Banking

In January 2022, the Consumer Financial Protection Bureau (CFPB) set out to increase transparency in the pricing of financial services products by implementing rules to eliminate ‘junk fees’ that often obscure the true price of financial products. Through this initiative, the CFPB analyzed the impact of numerous types of fees across banking while simultaneously attracting the scrutiny of banking advocacy organizations such as the American Banking Association (ABA) and the US Chamber of Commerce. These advocacy organizations have challenged the constitutionality of the CFPB funding structure. The CFPB examines all categories of financial products in the search for ‘junk fees’, including recently uncovering paper bank statement fees for statements that were never printed or mailed, add-on products being charged to paid-off auto loan accounts, undisclosed fees imposed on international money transfers, and bank operating systems double-dipping on non-sufficient funds fees. While litigation has recently settled in the Supreme Court to determine that the CFPB is constitutionally funded under the Appropriations Clause, the most recent rule by the CFPB to limit ‘junk fees’ imposed on credit card accounts remains on hold following a decision to grant a Preliminary Injunction by the US District Court for the Northern District of Texas.
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Clean Beauty: Navigating Regulatory Challenges in the Cosmetics Industry

Posted on September 12, 2024Categories Food and Drug Law

“Clean Girl” makeup went viral on TikTok in 2024 following the usual pattern of micro trends. Along with the clean girl hashtag trending, social media influencers are making money off marketing products that allegedly create the “clean girl” look. Although influencers may be promoting little foundation, natural colors, and slick styles when marketing the clean look, the clean beauty market has grown significantly as consumers become more conscious of ingredient safety and environmental impact. This trend focuses on products free from potentially harmful ingredients, often marketed as natural, organic, or eco-friendly. The current regulatory scheme for clean and natural beauty fails to capture the goals of clean beauty.
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FDA Approves Flavored Vape Products for the First Time Ever

Posted on September 11, 2024Categories FDA

The popularity of vaping in the United States peaked in 2018 when the company Juul Labs attracted young customers with its variety of flavors and an easily concealable nicotine delivery device. At that time, the FDA had not approved Juul products for use in the United States but had not banned the products either. Instead, the FDA issued a few limitations regarding the sale of Juul products –in 2018, the FDA limited what flavor Juul pods could be sold, and in 2019 required that customers in all states be at least 21 years of age. This marks the beginning of the FDA’s struggle to regulate the availability of flavored nicotine products, which continues today.
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Clearing Up the Confusion: Classification of Employees and Independent Contractors

Posted on September 11, 2024Categories Employment

In 2019, the Governor of California signed Assembly Bill 5 (AB 5) into law.  This bill sparked a battle in the courts between California’s state attorneys and rideshare giants, Uber and Lyft, who are determined to maintain the independent contractor classification of their workers. However, the new issuance of a DOL rule could change the landscape of this classification battle, not just for rideshare workers, but workers in many industries within the gig economy who could benefit from the new rule.
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Like A “Good Neighbor”: EPA Waits For U.S. Supreme Court Ruling on Rule Regulating Air Emissions Under the Clean Air Act

Posted on August 26, 2024Categories EPA

On February 21, 2024, the Environmental Protection Agency (EPA) argued in front of the U.S. Supreme Court, attempting to continue regulation of the “Good Neighbor” rule in eleven states. The EPA announced the final “Good Neighbor Plan” on March 15, 2023. The “Good Neighbor Plan” established under the Clean Air Act (CAA) aims at reducing emissions from upwind states that cause pollution in downwind states. 
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How the Latest NIL Rulings Impact the NCAA

Posted on August 22, 2024Categories Sports

The Name, Image, and Likeness (NIL) landscape in the National Collegiate Athletic Association (NCAA) has been constantly changing since its enactment in June of 2021. Over the last month, the NCAA has lost a number of legal battles involving the rights of student athletes under the policies created by the NCAA. First, a National Labor Relations Board (NLRB) Regional Director ruled that members of the Dartmouth College men’s basketball team were employees, and therefore have the right to unionize. Most recently, a Tennessee court granted a preliminary injunction that prevents the NCAA from enforcing its NIL rules for compensation for recruits. This injunctions comes as a part of a federal lawsuit claiming that the rules violate antitrust laws. Each ruling has unique implications on the future of the NCAA and the lobbying the organization has been doing in Congress for federal regulation.

The Potential Impacts of Artificial Intelligence in the Environmental Context

Posted on February 15, 2024Categories Environmental

The use of artificial intelligence (AI) has been quickly evolving over the past few years, satisfying unexpected needs and allowing for innovative solutions to different problems. More recently, environmental organizations are increasingly interested in potential AI solutions for environmental issues. AI has the potential to streamline regulatory compliance in the environmental context by switching the approach of environmental regulation from responding to current problems into prevention of future problems through data analysis, predictive analysis, and easier reporting procedures for violations of environmental regulation.

Biden Ties Medicare Reimbursement to Sepsis Treatment

Posted on February 8, 2024Categories Healthcare Compliance

The Centers for Medicare and Medicaid Services (CMS), under the Department of Health and Human Services (HHS), finalized CMS-1785-P in August, a rule that links Medicare reimbursement to the treatment of sepsis. Previously, hospitals were required to report on their sepsis treatment patients, but there was no penalty for not adhering to treatment guidelines. Beginning in Fall 2024, hospitals must meet the specific treatment benchmarks integrated into Medicare’s Hospital Value-Based Purchasing Program (MHVBPP) specifically the provisions outlined in the Severe Sepsis/Septic Shock Management Bundle (SEP-1). Failing to meet these benchmarks could result in significant financial losses for hospitals, ranging from thousands to millions of dollars for larger entities. While hospitals should presently be aware of these requirements and implement plans to meet them, there are concerns about whether the proposed rule is the optimal solution for improving outcomes for sepsis patients.