Business

Chaos is Not a Pit. It is a Ladder.

By: R. Daniel Johnson

amazon (2)

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

trading-stocks

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

EU-US Privacy Shield Ziegelsteinmauer Graffiti

 

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

By: John Stevelinck, Jr. 

kenworth-3270560_1920

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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The Retail Pet Ban: A Blow to Illegal Breeders or to Small Businesses?

By: Ashley Willard

puppy-5388151_1920

Purchasing your next furry family member from a pet store may soon become a relic of the past. In October 2017, California became the first state to ban the retail sale of dogs, cats, and rabbits, unless they originated from an animal shelter or rescue group. The measure is intended to encourage adoption and to deal a blow to puppy mills, which are notorious for mistreating the animals they breed. However, opponents of the ban have raised a variety of concerns—driving small business owners out of business, limiting consumer choice, and motivating consumers to order their dogs from unregulated sellers online. As the retail pet ban debate has begun to pick up steam and start trending across the country, these arguments have framed the discussion on how best to promote the welfare of our nation’s animals.

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What China’s New National Security Law Means for the Special Trade Relationship between the U.S. and Hong Kong

By: Arya Koneru

Hong Kong Skyline

Hong Kong Skyline

 

Hong Kong offers several international trade benefits that elevated the city to a prosperous financial and commercial hub. Over 1,300 American companies operate in Hong Kong, with more than 800 having a central office in the city. Companies are attracted to Hong Kong for a multitude of reasons, all stemming from its semiautonomous system of governance.

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A Tug of War Over Record Books: How a Coffee Shop Scandal Could End a Decade-Long Deadlock Between the SEC and Chinese Regulators

By: Haodi Dong

Wikimedia Commons

Wikimedia Commons

In 2002, Congress passed the Sarbanes-Oxley Act (“SOX”), setting a series of new regulations and penalties for all U.S. public companies. SOX aimed to protect investors from fraudulent financial activities by requiring companies to certify the accuracy of their financial information. Specifically, Title I of SOX established the Public Company Accounting Oversight Board (“PCAOB”) under the Securities and Exchange Commission (“SEC”). The PCAOB “oversee[s] the audit of public companies . . . ; establish[s] audit report standards and rules; and inspect[s], investigate[s], and enforce[s] compliance . . . of registered public accounting firms.”  Continue reading »

Pandemic Playbook: What Games Without Fans Means for Financing Football

By: Ashley Willard

https://pixabay.com/photos/stadium-rows-of-seats-grandstand-2921657/

https://pixabay.com/photos/stadium-rows-of-seats-grandstand-2921657/

In March, after a long year of negotiations with the NFL, the NFL Players Association (“NFLPA”) ratified the 2020 Collective Bargaining Agreement (“CBA”), which governs through 2030. Neither side could have anticipated that a pandemic would ravage the country and potentially bring them back to the bargaining table just months later. Since the NFL does not have a “force majeure” clause in its CBA that could terminate the season, the show must go on. However, the NFL and the NFLPA will need to work together to address both safety issues and the looming prospect of a shrinking salary cap in 2021. Continue reading »

Unions are Disappearing. Do We Care?

By: Hannah Weiss

http://www.nlrb.gov/nlrb/legal/manuals/CHM1/2009/CHM1.pdf

http://www.nlrb.gov/nlrb/legal/manuals/CHM1/2009/CHM1.pdf

 

Unionization is declining.

A recent report from the Brookings Institute demonstrates that membership in US labor unions has declined since the middle of the twentieth century.  Union membership was at its highest in the 1940s and 1950s when almost thirty-five percent of workers belonged to unions.  Unionization has declined most in the private sector, with only a little over six percent of private-sector workers belonging to unions in 2018.  In contrast, membership in public-sector unions has consistently been about one-third of employees since the 1970s.

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Who’s Afraid of TikTok?

By: Hannah Weiss

TikTok

TikTok.com

 

US officials are conducting a national security review of TikTok, a popular app that allows users to share short videos and video clips.  This is part of a growing trend of high-profile transactions being reviewed for national security conflicts as foreign companies seeking to invest in the United States are facing increasing scrutiny.   Evincing this, in 2018, President Trump signed off on the Foreign Investment Risk Review Modernization Act (FIRRMA). Continue reading »