Business

Collusion for a Cause: The Potential Antitrust Risk in “Socially Responsible Investing”

By: Benjamin Woessner

In recent years, investors and corporate stakeholders have increased their focus on environmental, social, and governance (“ESG”) factors in their evaluation of company performance. Investors and stakeholders use these factors to assess companies’ participation in the advancement of social policy goals, such as employee welfare or minimizing polluting activities. While these investors may be motivated by a good faith desire to promote socially beneficial ends, the concept of using ESG factors to guide “socially responsible” investment decisions has been controversial. Continue reading »

The War of College Sports: A New NCAA Constitution

By: Carlo Ballesteros-Flores

 

Following years of backdoor payments to athletes and multiple deaths on the field of play, the National Collegiate Athletic Association (“NCAA”) was established in 1906 to regulate college sports. The NCAA’s objective was to protect the health and safety of college football players and to serve as a regulator as athletes increasingly received under-the-table payments in exchange for their athletic performance. Continue reading »

Dead on Arrival: Why Explainable AI is Fundamentally Wrong and Why Investment in Explainable Systems Should be Avoided

By: Ben Suslavich

As Artificial Intelligence systems (“AI”) become increasingly prevalent in today’s world, there have been demands by some for AI algorithms to be “explainable.” Private companies, lawmakers, and the government have all discussed interest in the ability to audit how AI makes decisions. This discussion has centered around the use and implementation of eXplainable AI (“XAI”), which, in theory, would allow a casual user of an AI system to understand the reasoning that formulated an AI decision. Continue reading »

Balmain x Barbie & Beyond: A Look into Barbie’s First Digital Fashion Collaboration

By: Karen Surian

How did one of the world’s most famous French houses begin to collaborate with the most iconic doll in the world? Like any partnership, this relationship grew from authenticity. As a well-known luxury label that provides status and exclusivity to those who wear its products, Balmain offers high design value and a loyal customer base. On the other hand, Barbie, one of Mattel’s most successful toys, has managed to maintain its popularity for over six decades. Continue reading »

The Google Play Store: A Superior Product or Monopoly?

By: Alexus Acree

“App stores” are a type of digital distribution platform for software called applications that allows mobile device users to bridge the gap between basic hardware and a multifaceted “smart” device. They enable mobile device users to download software that is not included with the mobile device when purchased. Many consumers consider these apps to be what give smart devices value. Continue reading »

Is the Happiest Place on Earth About to Lose its Smiling Face?

By: Haley Sink

When it comes to Disney, branding is everything. But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses?

The original version of Mickey Mouse, from the 1928 “Steamboat Willie” cartoon, will go out of U.S. copyright protection in 2024. That is, unless Disney successfully lobbies Congress to extend that protection, like it did in 1976 with the Copyright Act and in 1998 with the Copyright Term Extension Act. Continue reading »

LulaNO: The Legal Future of Multi-Level Marketing Companies

By: Brittany Locke

With the promise of working part-time, at home, for a full-time salary, many women (and men) known as “retailers” joined LuLaRoe, dollar signs flashing in their eyes. Founded in 2012 as a multi-level marketing company (“MLM”) selling women’s clothing, LuLaRoe reached 80,000 distributors by 2017. In 2016, the company, led by a husband-and-wife team, reported sales of approximately $1 billion. Anyone who had any presence on social media between 2014 and 2019 probably knew someone hawking colorful patterned “buttery soft” leggings, one of LuLaRoe’s signature items and their top seller.

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Preview of the Oral Argument at the Supreme Court: ZF Automotive US, Inc. v. Luxshare, Ltd.

By: Qingrong Ruan

The Supreme Court decided to grant certiorari to the case ZF Automotive US, Inc. v. Luxshare, Ltd., and the parties will argue in front of the Court tomorrow, March 23. The issue is whether 28 U.S.C. § 1782(a) applies to private commercial arbitral tribunals. The statute gives litigants the right to ask district courts to assist them in gathering evidence for use in “a foreign or international tribunal.” Continue reading »

The Growing Popularity of NFTs: How to Protect Your NFT Personal Property Rights

By: Joshua Durham

With an astounding $17.7 billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. Although NFTs have been around since 2014, this asset class has only just experienced its first and quite remarkable outgrowth, thus staking its claim in the broader blockchain industry. Continue reading »

The Race to Replace LIBOR: Understanding SOFR and BSBY

By: Teala Volkamer

December 31, 2021—the date that had been looming over the financial world for the last few years—has finally come and gone. It was on this day that one-week and two-month U.S. dollar London Inter-Bank Offered Rates (LIBOR) ceased to be published. Continue reading »