INSIDE COMPLIANCE – Page 9 – Loyola University Chicago School of Law

Students In Illinois Believe That Title IX Offices Are Failing Them, But Why?

April 14, 2022Uncategorized

Where Title IX offices exist, controversy follows. While certain students attending four year higher education institutions (HEIs) may feel empowered or supported by their Title IX offices, in my experience, many more feel mistrust, pain, and neglect. In my time as a student at three different HEIs, I was constantly surrounded by women and queer people in pain. Sometimes, this pain came in the form of a friend stating they did not want to engage with the Title IX office because they wholeheartedly believed nothing substantive would come of reporting. Other times, the pain came in the form of large groups of students making it known that they felt betrayed by their school’s Title IX office, unsupported and ill-equipped to advocate for themselves and their friends.

A recent article in the Loyola Phoenix, pointedly entitled, They Just Didn’t Make It Very Easy For Us’: Three Loyola Students Voice Frustrations with Loyola’s Sexual Assault Investigation Process, named only some of the many critiques students have of Title IX offices. The voices of these students are valid. Change can, should, and must be made. Any response which does not acknowledge these two realities ignores the pain so many young people are clearly feeling. Refusal to diligently, and in good faith, work on improving protections for survivors throughout HEI campuses is a failure, in every sense of the term.

EducationDepartment of EducationOCRTitle IX

Advancing Abolition Is a Must — Abolition Means Transformative Wellbeing and Prevention

April 12, 2022Uncategorized

Policing is a settler colonial creation to control native populations and is exported aboard to teach other empires how to do the same. In 2007, the FBI found that cops averaged roughly four hundred “justifiable homicides” every year, whereas nearly eighty cops were murdered in the line of duty. These disparities have only further developed, where since 2014, cops averaged nearly one thousand homicides each year, and the number of cops killed in the line of duty remained around forty-eight. Policing and prison systems are premised on punishment, rather than transformative healing, health, and prevention. Thus, as stated in Decriminalization Is Not Enough, Abolition Is a Must, resources and funding which are currently given to our present system of policing and prisons should be reallocated to tools that actually serve the community, rather than on incarceration.

Justice is a means through which people can discuss, decide, and create environments that encourage them thrive and it involves the people who are most impacted by those conditions. In that vein, abolition will look different in each community. The goal of abolition should be prioritizing the needs of each community by allowing the community control and ultimate decision-making ability. Abolition allows each community to communicate, prioritize, and enact methods and means that will make that community the best environment for its members. As Dereka Purnell wrote in Becoming Abolitionists, “activists or abolition-curious people will often ask me, ‘What does abolition look like to you?’ My answers change all the time during conversation, especially since I believe that the dreaming and practicing should happen together. This is what I’m thinking about today as I’m writing the conclusion to this book. Every neighborhood would have five quality features: a neighborhood council; free twenty-four-hour childcare; art, conflict, and mediation centers; a free health clinic; and a green team.” Upon community needs, discussion, and approval, funds currently spent on police and prison systems should be reallocated to education, housing, health care, and public spaces.

EducationEmploymentHealth InsurancetaxRegulation

Dua Lipa is Under Copyright Fire

April 11, 2022The Art of Compliance, Compliance Spotlight

Singer and songwriter, Dua Lipa has come under two copyright infringement lawsuits over the past month. Both lawsuits allege the pop star’s hit song “Levitating” infringed upon copyrighted work. While the two suits allege infringement against the same song, their outcomes may differ based on the allegation brought forth in each complaint.

##DuaLipa#copyrightinfringement

EU says “EW” to Big Tech

April 7, 2022Uncategorized

With new antitrust bills aimed against Big Tech stuck in Congress, across the pond, European Union (EU) lawmakers are close to an agreement on a new and sweeping digital-competition law. This large piece of legislation, known as the Digital Markets Act (DMA), is aimed at Big Tech companies and its stated purpose is to ensure fair competition and open digital markets. DMA, along with its sister act, the Digital Services Act (DSA), are flagship pieces of EU legislation that are currently in the final stages of EU lawmaking procedure.

AppleAntitrustbig techJournal of Regulatory Complianceeuropean uniongoogle

New for 2022: Employment Compliance Trends

April 6, 2022Uncategorized

2021 brought on many challenges never faced before for employers, most of which surrounded the central issue of working from home. Employers struggled to keep employees focused with all the distractions of being at home, technology connectivity issues, and making sure employees could still stay connected on a personal level with co-workers. While we may finally be shifting slightly away from the work from home space, 2022 will bring on a whole new variety of employment compliance issues that companies will need to tackle. Now that employees are coming back to the office, the focus will be shifted from managing work from home experiences to minimum wage increases, discrimination protections, and marijuana legalizations just to name a few.

compliance trendsemployee complianceEmploymentemployment compliance trendsJournal of Regulatory Complianceworkforce compliance

Biden Administration Works with the EU to Develop New Data-Sharing Agreement

April 5, 2022Uncategorized

After the EU invalidated the previous data transfer agreement between the EU and the US in July of 2020, many big tech companies have been left unsure how to keep business flowing from Europe without the ability to store data within the US. To the relief of these companies, the Biden Administration has reached a preliminary agreement for a new deal with the EU. Coined the Trans-Atlantic Data Privacy Framework, this new agreement works to address concerns raised by the EU.

International AffairsJournal of Regulatory CompliancePrivacy & SecurityRegulation

The Tax Consequences of NFTs

April 1, 2022Uncategorized

The popularity of NFTs has been rapidly increasing over the past year, but regulations and guidance relating to the tax consequences of buying and selling NFTs has been slow to keep up. Despite also living on the blockchain, NFTs and cryptocurrencies are not created equally in the eyes of the IRS. The IRS has addressed the rising popularity of cryptocurrencies and published guidance for crypto-investors but has not yet published any specific guidance for NFTs. This leaves many investors in a position of uncertainty regarding the tax consequences of their investments.

cryptocurrency regulationCryptocurrencycryptoNFTsNFT TaxesNFT RegulationtaxRegulation

Judge Scrutinizes Wells Fargo and FINRA Over Arbitration Selection Process

March 30, 2022Finance & Banking

Throughout the history of the financial services industry, broker-dealers and investment advisory firms have typically required harmed investors to dispute matters through arbitration rather than the court system. Arbitration disputes between broker-dealers and former clients are generally kept confidential and decided by a purportedly impartial three-person panel; the panels are hand-selected by the parties from a randomly generated list of arbitrators employed by the Financial Industry Regulatory Authority (FINRA). FINRA utilizes a computer algorithm, the Neutral List Selection System (NLSS), which creates a list of potential arbitrators to review the matter based on the type of case. However, a recent court decision overturning a 2019 FINRA arbitration award in favor of Wells Fargo has flooded the financial services industry with widespread allegations of fraud and misconduct. In addition to vacating the arbitration award, Fulton County Superior Court Judge Belinda Edward criticized FINRA’s arbitration selection procedures as well as Wells Fargo for their role in altering the process. Wells Fargo is set to appeal the decision while FINRA now faces immense regulatory pressure to address its failure to facilitate a fair arbitration selection process.

CongressArbitrationbroker-dealersInvestorsJournal of Regulatory ComplianceFINRASEC

Is Real ID IDeal?

March 30, 2022Uncategorized

By May 3, 2023, U.S travelers must be Real ID compliant to board domestic flights, enter nuclear facilities, visit military bases, and gain access to certain federal facilities. The implementation of the Real ID comes eighteen years after Congress passed the Real ID Act and ten years after the Department of Homeland Security (DHS) issued an enforcement plan for compliance with Real ID standards. Although U.S travelers have a little more than a year to comply with Real ID requirements, compliance may be difficult in light of the Real ID’s history and complications.

DMVJournal of Regulatory Compliancereal ID ActRegulation

FDA-USPTO Collaboration Offers Insight on the Future of Generics

March 29, 2022Uncategorized

Following the Biden Administration’s release of the Comprehensive Plan for Addressing High Drug prices in September 2021, the Food and Drug Administration (FDA) responded by opening communication with the United States Patent and Trademark Office (USPTO). On September 10, 2021, the FDA sent a letter to the Under Secretary of Commerce for Intellectual Property and Director of the USPTO seeking to further develop the FDA-USPTO relationship. The letters point out that while “bringing more drug competition to the market and addressing the high cost of medicines by improving access to affordable medications is a top priority” for HHS and FDA, the FDA is constrained by its inability to regulate the price of drugs it approves. While the FDA’s 505(b)(2) hybrid NDA and 505(j) ANDA pathway decrease the cost and time to market entry for generics, the FDA’s authority is concentrated in the pre-market review stage, with post-market authority focused on actions such as product seizure of adulterated or misbranded articles, phase-4 confirmatory trials, and other actions intended to assess the safety and efficacy of drugs.

Journal of Regulatory Compliance