Posted: July 13th, 2018
By: Whitney Hosey, Editor-in-Chief
On Monday, July 9, President Trump announced his nominee to replace retiring Supreme Court Justice Anthony Kennedy. The nominee, the Honorable Brett Kavanaugh, has served as a federal appeals court judge since his appointment by President George W. Bush in 2006. In that time, Judge Kavanaugh has “written almost 300 opinions.” Among those opinions are several involving both business law and intellectual property law.
On the business end of things, Kavanaugh has consistently ruled in favor of businesses in pivotal cases. For example, in Verizon New England Inc. v. NLRB, Kavanaugh wrote the majority opinion overruling the National Labor Relations Board’s (“NLRB”) decision in favor of an employees’ union. Instead, the Court determined that the union had violated a collective bargaining agreement with Verizon by “displaying pro-union signs in their vehicles.” On the whole “Kavanaugh is considered pragmatic.” The biggest business law and telecom related case which may come before the High Court is determining “whether a proposed nationwide class of consumers can sue Apple, Inc. for allegedly monopolizing the iPhone app market.” The lower court has already granted the plaintiffs standing on the anti-trust claims, whether Kavanaugh would choose to overrule that determination is unclear. Continue reading »
Posted: July 10th, 2018
By: Hannah Fry, Summer Blogger
With growing environmental awareness, more technology is being developed to harness what at one time would have been considered a useless commodity. Renewable energy in the form of solar power and wind power have been at the forefront of technological advancement. While water has always been an essential resource, updates to age-old methods of utilizing falling water have revolutionized hydropower.
Hydropower operates by capturing the kinetic energy of falling water passing through a dam to generate electricity by utilizing a turbine to transfer the kinetic energy into mechanical, then into electrical via a generator. The amount of electricity a hydropower plant can generate is directly related to the volume and distance the water falls. The further the water falls and the greater volume of water that passes through the turbine the more electricitycan be generated. As hydropower’s popularity as a reliable and renewable form of energy increases, the updates and new technology associated with hydropower raises questions of ownership which ultimately results in delays of licensing and regulatory approval of hydropower facilities. Continue reading »
Posted: June 26th, 2018
By: Phillip Jester, Summer Blogger
A recent White House report accused China, the world’s second-largest economy, of engaging in aggressive “acts, policies, and practices that fall outside of global norms and rules.” The report highlights a new threat posed by China: the presence of “Chinese Nationals” serving as “Non-Traditional Information Collectors” at American universities. The White House alleges that the Chinese State has created educational programs which encourage science and engineering students to master important military technologies in order to share such technologies with Beijing.
More than 100 American universities currently collaborate with Confucius Institutes, educational organization that are sponsored by China’s Communist Party. Lawmakers and intelligence officials are now speaking out against the role of Confucius Institutes as possible “spying outposts.” In February, Federal Bureau of Investigation (“FBI”) Director Christopher Wray stated that Chinese spies are being planted in American schools in order to exploit “very open research and development” environments. The exploitation of open educational environments may already be paying off. Chinese Scientists returning from American laboratories have played a key role in the development of hypersonic glide systems, systems capable of penetrating any current missile defense. Continue reading »
Posted: June 20th, 2018
By: Matthew Welch, Summer Blogger
Attorney-client privilege is the keystone of the legal system that has been in place since the inception of the United States. This privilege protects confidential communications between an attorney and his or her client. The purpose, put forth by the courts, for allowing these communications to be protected is that it “encourage[s] full and frank communication between attorneys and their clients.” Thus, without this protection, clients would be less than forthcoming since all communications with their attorneys could potentially be used against them in future litigation. However, a problem has arisen over the years regarding a specific application of attorney-client privilege. That problem is patent-agent privilege. Continue reading »
Posted: June 14th, 2018
By: Matthew Hooker, Summer Blogger
On May 25, 2018, the General Data Protection Regulation (GDPR) went into effect. Although the GDPR is a regulation established by the European Union (EU), its impact extends far beyond the EU. The regulation applies not only to entities within the EU but also to any entity that handles the personal data of “data subjects” residing in the EU. As the New York Times puts it, “the borderless nature of the online world has virtually every commercial entity that touches the web making changes to its sites and apps to comply.” Continue reading »
Posted: June 10th, 2018
By: Nathaniel Reiff, Summer Blogger
As today’s consumer seeks new and innovative ways to save money and preserve the environment, it may be a while until they achieve this objective with the cars they drive. Tesla Inc., the American international corporation renowned for its electric vehicle production, has been hit with a score of lawsuits that could put the energy-giant in a nasty predicament.
Last October, shareholders filed a securities fraud lawsuit claiming Tesla gave false public statements about the progress of producing its Model 3 sedan. The complaint identifies that shareholders bought “artificially inflated” shares of Tesla because Elon Musk, Tesla’s Chief Executive Officer, and other executives misled them with such statements. Tesla counters that since the vehicle was “the first of its kind,” the company had experienced numerous “bottlenecks.” The company said it provided the shareholders in “frank and in plain language” that the challenges the company faced with the Model 3 derived from problems with the battery module process at its Nevada Gigafactory to general assembly at its Fremont plant. Continue reading »
Posted: May 15th, 2018
By: Patrick Wilson
On October 19th, 2017, a bipartisan group of Senators including Amy Klobuchar (D-MN), John McCain (R-AZ), and Mark Warner (D-VA) introduced legislation that would require more transparency and disclosure of the groups funding online advertising during election season. The purpose of proposed Senate Bill 1989, ‘The Honest Ads Act’, would hold online advertising platforms like Facebook, Google, and Twitter to the same standards as traditional media, such as television and radio.
The Bill requires that platforms with more than fifty million unique monthly visitors keep a public record of the parties that purchase more than $500 in advertising and disclose the purchaser of those ads, which included the ad’s target audience is, the ad rate, the name of the candidate the ad supported, and contact information of the ad. The Bill’s stated goal is preventing foreign nationals from purchasing political ads and potentially influencing the perception of American citizens during election season with false or misleading information. Continue reading »
Posted: May 10th, 2018
By: Andrew Homer
The pace and size of mergers and acquisitions in the United States have accelerated in the past few years. It is predicted this momentum will continue into 2018. Global mergers and acquisitions announced so far this year have surpassed a value of $450 billion. Earlier this year, JAB Holdings Company (JAB), a German consumer group, announced it will purchase Dr. Pepper Snapple Group (Dr. Pepper) for $18.7 billion and merge it with its Keurig Green Mountain coffee (Keurig). This is the largest acquisition of a soft drink company.
JAB tries to stay out of the public spotlight, but with recent large acquisitions, this has proven difficult. It is reported that the family behind the consumer conglomerate requires its members to take a vow at the age of 18 not to speak publicly about the family business. JAB purchased Keurig in 2016 for $14 billion and has focused on coffee related industries by later acquiring Krispy Kreme and Panera Bread. JAB began the hot drink journey in 2012 when it purchased Peet’s Coffee & Tea for $974 million. As a result, JAB has created rivalries with companies like Starbucks and Nestlé. A shift into the soft drink market shows JAB’s intent to expand this list to companies like Coca-Cola and PepsiCo. Continue reading »
Posted: April 22nd, 2018
By: Juliana S. Inman
On March 22, 2018, President Donald Trump signed a presidential memorandum imposing tariffs and investment restrictions on China. These tariffs are estimated to affect as much as sixty billion dollars in Chinese imports to the United States. According to U.S. News writers, Ken Thomas and Paul Wiseman, the tariffs were “the boldest example to date of Trump’s ‘America first’ agenda, the culmination of his longstanding view that weak U.S. trade policies and enforcement have hollowed out the nation’s workforce and ballooned the federal deficit.” Moreover, these tariffs against China came just after the United States prepared to impose tariffs of twenty-five percent (25%) on imported steel and ten percent (10%) on aluminum, which were also meant to target China’s cheap steel and aluminum production. Although there are partisan politicians with varying opinions on the recent tariffs, “[b]usiness groups mostly agree that something needs to be done about China’s aggressive push in technology, but they worry that China will retaliate by targeting U.S. exports of aircraft, soybeans[,] and other products and start a tit-for-tat trade war.” The short-term and long-term economic impacts as a result of these tariffs have yet to be seen, but one thing is for certain: there will be economic effects, both positive and negative.
Continue reading »
Posted: April 15th, 2018
By: Andrew Homer *| Staff Writer
The right to contract and the protection thereof is a fundamental piece of the societal and economic machine that provides prosperity to our country. The Contract Clause of the Constitution (Article I, Section X, Clause I) states that “[n]o State shall … pass any … Law impairing the Obligation of Contracts … .” In debating this clause at the Constitutional Convention, its proponents argued that it is intended to protect private contracts from legislative actions. Despite this clear purpose, the Contract Clause has not been so clearly interpreted by the Supreme Court.
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