Posted: February 25th, 2018
Posted: February 25th, 2018
Posted: February 23rd, 2018
By: Jamie Burchette *| Staff Writer
Computers and technology are continually advancing. To match this advance, the programming techniques utilized by programmers have had to evolve to keep up. Sometimes these changes have been small and sometimes they have been large. Recently, a new project management software, Manuscript, has been released, which hopes to once again change software development by squashing bugs that may otherwise be ignored.
Posted: February 19th, 2018
By: Greg Volk *| Staff WriterWhen Hurricane Maria hit Puerto Rico last year, it caused billions of dollars of destruction, but among the costly collateral damage is a highly controversial repair contract that has been called bad for Puerto Rico. No fewer than five governmental bodies, including the FBI, launched inquiries into the $300 million agreement between the Puerto Rico Electrical Power Authority (PREPA) and Whitefish Energy, an inexperienced Montana-based startup with two full-time employees, to restore the island’s devastated power grid. The whole ordeal could serve as a case study in how not to negotiate a contract. (Hint: Ignore advice from lawyers and accept all terms).
Posted: February 16th, 2018
By: Whitney Hosey *| Staff Writer
Before the final GOP tax bill was completed, many in the real estate industry were concerned over the fate of Section 1031 of the U.S. Tax Code, otherwise known as the “Like-Kind Exchange.” A Section 1031 Exchange “is a real estate transaction involving the sale of one property with the tax on the capital gain deferred because of the qualified purchase of another like-kind property in exchange.” While normally all sales of real estate are taxable, Section 1031 creates an exception where the parties to the transaction are not taxed or are taxed minimally, at the time of the exchange.
Posted: February 11th, 2018
By: Greg Volk *| Staff Writer
With over one-fifth of young adults streaming hit shows like “Game of Thrones” using another person’s account, password sharing is certainly popular. But is it illegal? According to a decision from the Ninth Circuit Court of Appeals last year, it theoretically could be. There is little chance the FBI will come knocking on your door, however. If there is any crackdown on streaming, it is more likely to occur in the marketplace.
News headlines about password sharing have been confusing (compare “Yes, Sharing Your Netflix or HBO GO Passwords Is Actually A Federal Crime” with “Relax, you’re not going to jail for sharing your Netflix password”), so it is important to understand what is really at stake for consumers. The confusion arises from the Computer Fraud and Abuse Act (CFAA), a vague thirty-year-old federal statute that’s been called “the worst law in technology.” Aimed at hackers, the CFAA makes it illegal to “access a protected computer without authorization, or exceed authorized access.” But what constitutes “access” and when is it “without authorization”?
In the Ninth Circuit case, United States v. Nosal (“Nosal II“), the court held that the defendant violated the CFAA when he used a former colleague’s password to take client data from a recruiting company in order to start his own. The defendant argued that such a broad interpretation of the CFAA could criminalize acts like sharing a password among family members, to watch Netflix, for instance, or to check-in for a flight. A dissenting judge agreed. The majority said their interpretation would not apply to those situations. The U.S. Supreme Court declined to review the case, so we are unlikely to get greater clarity anytime soon.
Posted: February 8th, 2018
By: Maureen Gallagher *| Staff Writer
Is money better known as a number on a screen or a crisp linen bill? For the time being, the word may still comfortably conjure an image of green slips of paper, but the future may tell a different story in which electronic, mobile payment first comes to mind.
Posted: February 2nd, 2018
The Wake Forest Journal of Business and Intellectual Property Law present its Spring Symposium:
Intellectual Property and Medical Technology: From Creation to Commercialization
The Symposium is being held, today, Friday, February 2, 2018, from 8:30 am – 4:00 pm at the Wake Forest Innovation Quarter (Biotech Place). This year’s event will look at medical patents, bioethics and the intellectual property implications of medical technology.
Overview of Regenerative Medicine, Role of Law, & Bioethics
Keynote Speakers: Julie Watson and Dr. John D. Jackson
Julie Watson, Chief Legal Counsel for the Institute for Regenerative Medicine at the Wake Forest School of Medicine, opened the Wake Forest Journal of Business and Intellectual Property Law Symposium by introducing the first speaker of the day, Dr. John D. Jackson. Dr. Jackson, an associate professor at the Institute since 2010, began the day’s events by explaining the technical components of the Institute.
Posted: January 31st, 2018
Posted: January 29th, 2018
By: Gabriela Mejias *| Staff WriterOn October of 2016, AT&T, Inc. and Time Warner Inc. announced that AT&T would acquire Time Warner in an $85.4 billion transaction. This acquisition was widely seen as the biggest of the year. Time Warner is a giant media and entertainment powerhouse that owns brands such as HBO, Turner Broadcasting (think CNN, TNT, TBS, and Cartoon Network/Adult Swim), and Warner Brothers. Given AT&T’s extensive network in mobile, broadband, and television distribution, this match could change the face of access to the internet, news, entertainment, streaming services, and more.
The deal was planned to go through by the end of 2017, however, reports indicated that the Justice Department had a few issues with the proposed deal. The Justice Department instructed AT&T to sell either DirectTV or Turner Broadcasting, saying that an acquisition including these companies would raise costs for other entertainment companies and stifle competition. AT&T chief executive responded to that instruction in the negative, stating, “If we feel that litigation is a better outcome then we will litigate.”
Antitrust litigation is most commonly triggered by instances of horizontal acquisition. In horizontal acquisition, a company is merging with another company in a similar market sector and at the same stage of production. Because this involves the combination of two likely competing companies, it is at risk for creating reduced competition and a monopoly for that industry. This is where Justice Department antitrust litigation steps in.
Posted: January 25th, 2018
By: Maureen Gallagher *| Staff WriterIt is every driver’s dream – to soar out of gridlock of the highway to the open, uncluttered air. The possibilities seem endless when a car is unconstrained by winding roads and free to literally go straight to its destination. Uber wants to make this dream a reality with their potential new offering called UberAIR. As usual, Uber has big ideas and big promises. They imagine a world where “traveling from San Francisco’s Marina to work in downtown San Jose, a drive that would normally occupy the better part of two hours, would only take 15 minutes. Since time is money, if this promise is executed correctly, the benefit could ripple positively across the economy, reducing wasted travel time and increasing productivity.