Congress Needs to Pass a Nationwide NIL Law

Posted on October 10, 2024Categories Sports

Matthew Sluka, starting quarterback for the then-undefeated University of Nevada, Las Vegas (UNLV) football team, elected to use his redshirt designation and sit out for the rest of the 2024-25 football season, claiming that he was not paid the entirety of the $100,000 NIL deal he was recruited on. Sluka is now the first player to sit out in-season because of NIL disputes. However, it is very likely he will not be the last. Sluka claims that he was promised the $100,000 by the offensive coordinator. The school and team dispute the claims by Sluka, saying they had never promised him any money and the $3,000 he had received was for honoring a separate NIL engagement that summer. UNLV is claiming that Sluka and his representation’s financial demands to keep playing are against NCAA rules and Nevada state law. NCAA rules and Nevada law stipulate that a player cannot receive NIL just to play for or attend a school, there must be quid pro quo, (sign autographs, meet and greets, etc.) in order to profit from their name, image or likeness. Regardless of the underlying truth, Sluka’s situation has highlighted exactly why the NCAA cannot regulate NIL anymore.
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Navigating the Genetic Frontier: 23andMe and the Challenges of Data Security

Posted on October 9, 2024Categories HIPAA & Health Information, Privacy & Security

A recent situation involving millions of 23andMe users has raised significant concerns about data privacy and regulatory oversight. After sending a small tube of saliva to uncover ancestral roots, many individuals discovered that their genetic data had been compromised. 23andMe has transformed genetic testing by offering accessible health and ancestry information to consumers from the comfort of their homes. Since its inception, the company has faced regulatory challenges and became the first direct-to-consumer genetic genealogy test to receive FDA approval. While the company has largely avoided legal trouble over the years, recent data breaches have sparked legal action and underscored gaps in consumer protection. 
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Navigating the Flood: How Rising Insurance Costs Threaten Communities Amid Climate Change  

Posted on October 4, 2024Categories Environmental

The Federal Emergency Management Agency (FEMA)’s Risk Rating 2.0 program, implemented in October 2021, represents a significant overhaul of the National Flood Insurance Program’s (NFIP) pricing methodology. While the new system aims to more accurately align flood insurance premiums with individual property risks, it has sparked both praise and controversy. The State of Louisiana filed suit against FEMA arguing that it has not provided sufficient transparency regarding the new rating system. Louisiana’s political leadership, including the governor and congressional representatives from both parties, have been advocating for FEMA to reconsider its flood risk assessments in vulnerable regions. They argue that the current Risk Rating 2.0 system fails to adequately account for the significant investmentsmade in flood protection and storm resilience infrastructure since major disasters like Hurricanes Katrina and Rita in 2005 and the severe flooding that impacted the Baton Rouge area in 2016. These leaders contend that these substantial improvements in flood mitigation should be reflected in FEMA’s risk calculations. The lawsuit demands more information about the risk model, which they claim relies on “undisclosed, hypothetical, and abstract possibilities.” The lack of comprehensive information provided directly to policyholders has also been identified as a significant issue.
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CFPB Proposed New Rules to Expedite Mortgage Assistance

Posted on October 4, 2024Categories Bankruptcy

Earlier this year, the Consumer Financial Protection Bureau (CFPB) announced proposed rule changes to provide additional relief for homeowners struggling to make mortgage payments. The changes aim to amend the 2013 regulations governing mortgage servicing, ensuring that borrowers can more easily access mortgage assistance and therefore reduce the risk of unnecessary foreclosures. This comes at a time when economic uncertainties and evolving market conditions make it critical for homeowners to have quick access to resources to avoid foreclosures. The new proposal, if finalized, is designed to simplify the process for borrowers seeking mortgage assistance, improve communication between borrowers and servicers, and add safeguards to protect homeowners.
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Caffeine Can Cause a Scene: Why the FDA Should Require Disclosure of Caffeine Content

Posted on October 3, 2024Categories FDA, Food and Drug Law

On May 7, 2024, Panera Bread removed its popular line of ‘charged’ lemonade beverages from its menu following multiple lawsuits alleging that the caffeine content of the drink led to death or serious health problems of customers. One such death occurred in September 2022 when a 21-year-old woman unknowingly consumed 390 milligrams of caffeine in one charged lemonade drink which aggravated her heart condition and led to cardiac arrest. These lawsuits highlight the dangerous reality of caffeine consumption which likely could have been avoided if Panera Bread had clearly displayed the caffeine content of its drinks. However, Panera Bread was under no regulatory obligation to display the caffeine content due to a major gap in the current beverage labeling regulation from the Food and Drug Administration (FDA) which does not require any disclosure of caffeine quantity. This regulatory gap poses a growing risk to consumers as new energy drink brands continue to enter the market and push competition by increasing the amount of caffeine packed into each product. In order to fulfill its obligation to public safety, the FDA must introduce regulations to standardize the disclosure of caffeine content to allow consumers to make informed decisions about the products they are choosing.
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EPA Issued First Emergency Ban of Pesticide in 40 Years –But Why Has It Taken So Long?

Posted on October 2, 2024Categories EPA

On August 6, 2024, the Environmental Protection Agency (EPA) resurrected its emergency authority for the first time in more than 40 years to prohibit the use of a common herbicide, dimethyl tetrachloroterephthalate (DCPA, or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIRFA) because of the chemical’s danger to human health. The last time the EPA exercised this power was in 1979, when the EPA banned the chemical weed killer Agent Orange which was known to cause serious birth defects and used by the United States military in the Vietnam War. The EPA has since remained reluctant to classify any other herbicide chemical as an imminent risk to the public health, until last month.
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States Taking Initiative: Extending Collective Bargaining Rights to Formally Excluded Groups

Posted on October 2, 2024Categories NLRB

In the upcoming November election, Massachusetts voters will decide on the issue posed by a ballot initiative known as “Question 3.” The ballot initiative would allow rideshare drivers, like those employed by Uber and Lyft, to form unions and engage in collective bargaining with their employers. This is a right which rideshare drivers, who are currently classified as independent contractors, are excluded from under the National Labor Relations Act (“NLRA”). The initiative proposed in Massachusetts could spark the beginning of a movement to extend worker protections, like collective bargaining, to groups formally excluded.
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Boeing’s Missteps Lead to Heavier Congressional Oversight

Posted on September 27, 2024Categories Department of Justice, Regulation

Boeing’s controversial history including the publicized suicide of one of its whistleblowers shortly before his deposition to TikTok videos of panels blowing off mid-air or planes catching fire have prompted public scrutiny. These events, mainly the latter, have raised also questions about Boeing’s compliance with Federal Aviation Administration (FAA) regulations the Department of Justice (DOJ) rulings. However, this is not the first time these concerns have come to light.   
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Can Cutting Red Tape Improve Chicago’s Affordable Housing Crisis?

Posted on September 26, 2024Categories Regulation

On April 5th, 2024, Chicago Mayor Brandon Johnson published the Cut the Tape Report as part of his administration’s focus on confronting Chicago’s affordable housing shortage. The report marks the completion of the first step in the process put in place by Mayor Johnson’s Executive Order 2023-21. The order aimed to identify inefficiencies and redundancies in the city’s administrative processes to shorten Chicago’s residential and commercial development timelines. The report resulted from collaboration between fourteen city departments, numerous external stakeholders, and six peer cities, identifying over 100 recommendations for improvements to the development process.
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IRS & Treasury to Crack Down on Basis Shifting Among Complex Partnerships

Posted on September 25, 2024Categories Regulation, tax

On June 17, 2024, the Biden Administration issued a press release detailing plans to push forward a new multi-stage regulatory initiative targeting tax evasion among large business partnerships. The Internal Revenue Service (IRS) and U.S. Treasury Department will lead the charge to end abuses of a practice known as “basis shifting,” often used by complex partnerships to maximize deductions and consequentially minimize tax liability.
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