When Does a Business Review Constitute Defamation?

By: R. Daniel Johnson

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As the business world continues to evolve, one increasingly important aspect of business success is the online reviews left by customers. Customer satisfaction has always been a main priority for small and large businesses, but when does the old saying that “the customer is always right” go too far? With the advance of technology, the availability of public comment on business performance is at an all-time high. While this new access to information has given customers the ability to make fully informed decisions, can it also be abused?  Continue reading »

Better Fortune in the New Year? The NCAA’s Fate Depends on [March] Madness

By: Kyle Tatich

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Future historians and scholars will not lack substance when writing about 2020: the year dominated by the COVID-19 pandemic, a wave of protests against racial injustice, and a complete alteration to the American way of life. Similarly, in the realm of collegiate athletics, the year 2020 will amount to a significance of equal magnitude as it epitomized the most transformative year in the 114-year history of the National Collegiate Athletic Association (“NCAA”). Unfortunately for the NCAA, the challenges of 2020 will roll over into the new year, and the governing body’s viability will be tested in the first few months of 2021 as it attempts to conduct its lucrative men’s basketball tournament. Continue reading »

Protecting our Fingerprints and Retinas: A Call for Biometric Data Privacy Legislation

By: Mona Ibadi

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Covid-19 triggered a new normal that forced us into a virtual nation – one where we must rely on virtual mediums to connect with others. The ability of Americans to move online at such a rapid pace demonstrates the adaptability of our society. However, reliance on computers and technology raises several privacy and security concerns that need to be addressed. This begs the question: Is American legislation as adaptable to the new age of remote work as its people? Continue reading »

A Practical Guide to Corporate Law

By: R. Daniel Johnson 

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Being a corporate attorney is both challenging and rewarding. While law school teaches many valuable lessons, it is unable to educate students about the practical side of working as an attorney. Mr. Afzal Karim, of the Womble Bond Dickinson (US) LLP (Womble) office in Charlotte, was kind enough to answer some questions for the Journal about his career as a corporate law attorney. Mr. Karim is a Wake Forest School of Law graduate and a native of High Point, North Carolina. He also served as a staff member for the Journal of Business & Intellectual Property Law. His role as an associate at Womble includes representing clients in mergers and acquisitions, contracts, operating agreements and shareholder agreements, and many other transactional matters. Continue reading »

The Washington NFL Team’s Newest Opponent: The “Trademark Hog”

By: Kyle Tatich

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Inspired by the 2014 South Park episode regarding the Washington Redskins and its trademark controversy, Virginia’s Philip Martin McCaulay began filing applications with the United States Patent and Trademark Office (“USPTO”), hopeful for a potential payday if a name change became necessary for the NFL’s franchise in Washington, D.C. That day came in July 2020, following a wave of anti-racist protests sparked by the death of George Floyd on May 25. The July announcement that Pro Football Inc. and majority owner Dan Snyder would move on from the 86-year-old nickname of “Redskins” launched McCaulay and his many trademark applications and registrations into the national spotlight.

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Chaos is Not a Pit. It is a Ladder.

By: R. Daniel Johnson

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There is no question that the Coronavirus pandemic has and will continue to drastically alter the business world. Even in this uncertainty, some companies are experiencing more confidence and profits than ever before. Amazon has gained over $570 Billion in market capitalization this year. Its stock has risen 63.3 percent and is now trading for $3,000 a share. Clorox has experienced organic sales growth of over 24 percent. Peloton reported revenue growth of 77 percent. But these success stories are few and far between as CNBC has reported that over 7.5 Million companies are at risk of closing their doors every day. Despite the looming closure that many companies are facing due to the pandemic, some companies have thrived. The massive success of these companies have led many to fear monopolization and antitrust issues.

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How the Market Data Infrastructure Proposal Could Affect Free Trading Platforms

By: Tianna Larson

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Robinhood has come under fire once again, this time for failing to properly disclose its payment for order flow practices. The trouble comes after recent enhancements to the order flow disclosure requirements, reflecting the SEC’s concern about the practice.[1] While controversial, order flow revenue supports most brokerage firms’ ability to provide free or low-commission trades to retail investors. In a crude sense, the practice reflects a steal-from-the-rich ethos. However, a recent SEC proposal[2] threatens the retail order flow internalization dynamic and could impact the continuity of free trading services.

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Understanding Schrems II: What the Decision Means for Data Transfers Between the EU and US

By: Haodi Dong

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On July 16, Europe’s highest court, the Court of Justice of the European Union (“CJEU”), released a landmark decision in Schrems II, complicating the process of transferring personal data from the EU to the US. CJEU struck down the EU-US Privacy Shield, an agreement reached between the EU, Switzerland, and the US in 2016.

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A “Face-Off” Between Copyrights and Human Rights in the Battle of Facial Recognition Technology

By: Jaren Butts

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Facial recognition technologies use algorithms derived from copyrighted sources that create a “faceprint” to identify or verify an individual’s identity. The use of facial recognition has become increasingly prevalent, such as on Facebook to “tag” friends, at airports for easy check-in, and on cell phones for authentication purposes. Until recently, facial recognition was also commonly used by law enforcement for general surveillance and to identify wanted or suspected persons.

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California’s Zero-Emission Truck Regulation Marks the First Step Down the Long Road Toward Electric Trucking

By: John Stevelinck, Jr. 

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Earlier this summer, California took a tremendous step toward cleaner air when the California Air Resources Board (“CARB”) passed the Advanced Clean Truck regulation (“ACT”). The purpose of ACT is to further California’s goal of improving air quality and reducing harmful emissions produced by heavy-duty diesel engines.

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