INSIDE COMPLIANCE – Page 94 – Loyola University Chicago School of Law

Waters of the United States

March 14, 2018Uncategorized

The Obama administration’s “Clean Water Rule” was designed to control pollution in approximately 60% of the country’s bodies of water. The Rule primarily extended current federal regulations to smaller bodies of water, requiring that pollution of rivers and wetlands be held to the same environmental penalties as larger bodies of water. However, the Trump administration has suspended enforcement of the regulation for two years. During that time, they will re-consider the definition of “waters of the United States.” The Trump administration intends to release a new version this year.

1972 Clean Water ActArmy Corps of Engineersclean water actClean Water RuleEnvironmental Protection Agencyenvironmental regulationEPAWaters of the United StatesWOTUS

Delivering the Nuclear Promise . . . Revisited

March 13, 2018Uncategorized

I authored a post last year regarding the nuclear energy industry’s current initiative to reduce operational costs to compete with the ever-dropping cost of energy production. Coined “Delivering the Nuclear Promise,” the initiative aims to enlist cost-cutting initiatives such as reducing staffing and removing superfluous requirements that maintain large margin to regulatory thresholds. Companies have set hefty goals to bring the cost of nuclear energy production down to values that would make nuclear energy competitive against less expensive, highly backed, and not-as-clean, forms of energy. This all needs to be done without sacrificing safety.

In order to achieve these drastic measures, I will set forth the case for on-the-rise technologies, that while the nuclear energy industry does not currently have the infrastructure to support, will aide in this transition, and as I argue, ultimately be required in order to sustain this clean and necessary form of energy.

big datadatadnpEnergynrcnuclearnuclear regulatory commissionregulatory compliance

GUEST POST: Compliance as a Five-Way Conversation

March 12, 2018The Art of Compliance

David R. Jackson is a compliance manager, and has been for over twenty years. As a consequence, he knows better than anyone the delicate balancing act being a compliance professional requires.

Compliance leadership within a business requires maintaining five different conversations concurrently: (1) with the business, (2) with senior management, (3) with other teams that support the business, (4) with the government agencies and industry groups that provide external oversight, and (5) with the compliance staff. The challenge is not carrying out any one conversation, but juggling all conversations at the same time, and constantly shifting gears between conversations with different audiences.

a day in the lifecompliance officercorporate cultureDavid R. JacksonGuest Postindustryrisk analysis

FanFiction: Crossing the Line from Infringement to Fair Use

March 8, 2018The Marketplace

Over the years, the Internet has become a vast space for people to create and view content shared by millions of Internet users. The abundance of content makes it nearly impossible to regulate everything that is posted. This has created a problem for authors, songwriters, and artists whose work is protected by copyright laws, because it has become increasingly easy for anyone to use, copy, and share copyrighted works that they do not have the right to use. Copyright law exists to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” While the Copyright Act clearly grants artists certain exclusive rights to their work, claims of infringement often cause courts to engage in subjective analyses that leave some areas of copyright protection unclear. This has been especially problematic with fanfiction. In Fanfiction, fans of existing books, movies and television shows used different elements of those works to write their own stories, which are often then posted on websites such as, fanfiction.net. Fanfiction raises questions of copyright infringement and whether online forums should be more strictly regulated to monitor compliance with copyright laws.

106107authorauthorscompliancecopiedcopycopyrightcreationdefenseexclusiveexpressionfairfair usefanfictionfiftygonegreyinfringementjamesmeyersmonitoringoriginalownershadestwilightwebsitewind

Threat of the Border Wall: Impact on the Enforcement of Environmental Regulation

March 7, 2018Uncategorized

In early January of this year, the House Committee on Armed Services granted an extension to a bill that would increase border security. An unlikely opponent of this bill is the environmental lobby, since the bill would allow the Department of Homeland Security (DHS) to waive the requirements of some of the most important environmental protection statutes. These statutes have been the basis for almost all the citizen enforcement in the environmental arena; they work to maintain protections for 73 different areas along the border, along with numerous endangered species.

border wallcomplianceDHSEISenforcementenvironmentenvironmentalenvironmental regulationESAnepareal ID Acttva v. hillWaivers

Market Giants Move to Redesign Healthcare

March 6, 2018Uncategorized

In January 2018, Warren Buffet, Jamie Dimon, and Jeff Bezos announced that Berkshire Hathaway, JP Morgan Chase, and Amazon would partner together to form a non-profit company aimed at improving the United State healthcare system and combating ever-increasing costs. The idea for the project came about from the ongoing discussion between the three CEOs regarding providing healthcare for their, collectively, approximately 840,000 employees. Even though details are scarce, given the importance of the issue and the prominent names attached to this project, the press, the public, and the market have reacted accordingly. In other words, people are scrambling to figure out what this might mean for their companies and our healthcare system as a whole.

ACAamazonBerkshire HathawayBezosBuffettDimonHealth InsurancehealthcareJP Morgan Chasestocks

TAX TALK SERIES Understanding Notice 1036: IRS Adjusted Withholding Tables to Accommodate New Tax Plan

March 2, 2018Uncategorized

On December 20, 2017, Congress passed the Tax Cuts and Jobs Act (“TCJA”) designed to decrease the taxable rate for corporations and individuals, and to limit allowable deductions. Since this change to the Tax Code was one of the largest since the Reagan era, the Internal Revenue Service will need to publish many regulations in the coming months to better clarify provisions of the TCJA. This multi-part series will explore prominent IRS regulations as they relate to the TCJA, and what these regulations mean for both individual and corporate taxpayers.

EmploymentIRSregulatoryregulatory agencytaxtax cutsTCJAwithholding

Unprecedented Federal Reserve Decision Foreshadows New Compliance Expectations for U.S. Banks

February 28, 2018Finance & Banking

Following the 2016 Wells Fargo scandal in which the bank opened millions of unauthorized bank and credit card accounts to collect fees, federal regulators have worked to address and respond to the corporation’s illegal conduct. On February 2nd, 2018, the U.S. Federal Reserve imposed unprecedented restrictions against Wells Fargo & Co. when it capped the bank’s growth for 2018 such that it could not exceed the total assets owned at the end of 2017. This restriction marks a substantial departure from previous penalties issued for improper compliance. Changes in policies and procedures and this novel punishment reflect a notable shift in the national bank’s expectations of corporate directors.

AccountabilityBankingCFPBConsumer Financial Protection BureauCorporate ComplianceDirectorsFederal ReservefinanceJanet YellenJerome PowellOfficersPolicy PredictionRegulatorsSanctionsWells Fargo

Doing the Right Thing: Labor Force Compliance

February 27, 2018Uncategorized

Corporate compliance professionals will often define compliance as “doing the right thing.” Indeed, both compliance professionals and scholars agree that ethics are an important aspect of effective compliance programs. This is particularly true when it comes to compliance with forced labor regulations. Using forced labor can be appealing to companies seeking to reduce their operating costs and increase profits. However, in the face of a toxic business culture that values maximizing profits, compliance professionals must convince their colleagues that forced labor is not worth the savings in operating costs.

compliance programEmploymentForced LaborHuman RightsLabor ComplianceNestleNikePrison LaborSlave LaborVictoria's SecretWhole Foods

How will the Supreme Court’s new rule barring the government from refusing offensive trademarks affect the marketplace?

February 27, 2018The Marketplace

On June 19, 2017, the Supreme Court, in an 8-0 ruling, found that the government can no longer sensor trademarks on the grounds that they may be offensive. In Matal v. Tam, the Supreme Court Justices found the seventy-one year old rule allowing the government to refuse offensive trademarks to be unconstitutional and to violate free speech and first amendment rights. The justices were unable to agree on exactly what legal standard was to apply to the present case or future cases. The revocation of this seventy-one year old rule that has affected the registration of many marks over the years is bound to have an effect on the future of trademark law and trademark litigation. Immediately following the Supreme Court’s decision, the United States Patent and Trademark Office (USPTO) was inundated with requests to register offensive trademarks.

complianceJournal of Regulatory ComplianceRegulationrulemakingTrademarkUSPTO