Business

Who’s Afraid of TikTok?

By: Hannah Weiss

TikTok

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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 »

More Conflict than Interest? How the SEC’s New Conflict-Of-Interest Rules May Mislead Retiring Investors.

By: Nathaniel Reiff

What may seem as a virtuous undertaking by the U.S. Securities Exchange Commission (“SEC”) to protect the nation’s aging population, is receiving a significant amount of backlash from some of the nation’s most influential advocacy groups. Continue reading »

Paying Back Stolen Money Isn’t Fair?

By: Hannah Weiss

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https://www.flickr.com/photos/us_sec/46296136224

The Supreme Court recently granted certiorari to determine whether US courts, under their equitable powers, can require people convicted of securities law violations to disgorge their ill-gotten profits.  The answer to this question could have a significant effect on the Security and Exchange Commission’s (SEC’s) mechanisms for enforcing securities laws.  The question is the central issue in Liu v. SEC and has remained unanswered since the Court’s 2017 ruling in Kokesh v. SEC. Continue reading »

Symposium Feature Story: Balling on a Budget and Assessing the Federal Government’s Potential Role in Regulating College Athletics’ Compensation

By: Nathaniel Reiff

NCAA

The “eternal conflict” of athletic departments fostering a for-profit business model while adhering to the nonprofit educational mission of the NCAA and its umbrella of public universities has captured the interest of both federal and state lawmakers.

Up to 30 states are considering proposals that would lay the foundation for student-athlete compensation. This initiative comes after California passed a law in 2019 that would allow NCAA players in the state to make endorsements or bid merchandise without jeopardizing their scholarships or eligibility.

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Symposium Spotlight: Michael Grace Jr.

By: Olivia Bane

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Michael Grace Jr. will moderate the Athletes as Employees: Analyzing the Business Implications of the “Pay-for-Play” Model panel at the Wake Forest Journal of Business & Intellectual Property Law’s Spring 2020 symposium. Michael’s practice focuses on business and finance, securities, and mergers and acquisitions. He is a first-year associate in Kilpatrick Townsend & Stockton’s Winston-Salem office. Prior to joining Kilpatrick Townsend, Michael spent several years as legal counsel at the Supreme Court of North Carolina, where he provided legal support to the Honorable Chief Justice Mark Martin in his role as head of the North Carolina Judicial Branch. Previously, Mr. Grace served as a Judicial Law Clerk for Chief Justice Martin.

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Symposium Spotlight: Shelia Huggins

By: Olivia Bane

 

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Shelia Huggins is a solo practitioner, law professor, North Carolina representative for the Democratic National Committee, and social media personality. Shelia’s firm, Shelia Huggins, PLLC, focuses on business, contracts, sports, media, internet, employment, and entertainment law. Shelia teaches an Entertainment and Business Law course as an adjunct professor at North Carolina Central School of Law. For nearly nine years, Shelia also worked for the city of Durham, where she was involved in the programming of citywide events and projects supporting neighborhood revitalization efforts and economic development.

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Symposium Spotlight: Stuart Paynter

By: Demi Busby
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Want to meet an impactful litigator? How many lawyers have had their case featured on an episode of South Park?

Mr. Paynter began his career as a law clerk for the Honorable David S. Tatel of the United States Court of Appeals for the District of Columbia. Afterward, he moved to Sullivan & Cromwell where he represented clients, including Microsoft, in antitrust suits and numerous consumer class actions brought in both federal and state courts across the country.

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The Tax Implications of the Changing Native American Economy

By: Dylan Ray

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Sandia Resort and Casino

Nearly all revenue generated by Native American tribes is exempt from federal income taxation. Individual Native Americans are, however, usually, taxed like all other citizens. Individual Native Americans must pay tax on income derived from their labor, businesses, investments, and gains from dealings in properties that are not held in trust by the federal government. Additionally, the Internal Revenue Code (IRC) taxes individual Native American’s income regardless of whether it was earned on or off Native land.

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A Spoke in the Wheel: The UAW Strike’s Impact and How Similar Acts Can Negatively Impact Regionalized Economies

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By: Nathaniel Reiff

After a six-week long strike, General Motors Co.’s employees finally agreed on a four-year labor agreement, stifling further loss for the company and mitigating further blows to the economy.  The longest automotive walkout in 50 years, was initiated on September 16, 2019, when approximately 48,000 United Automobile Workers members went on strike. According to Bloomberg Law, the agreement awards among other things workers pay raises, $11,000 ratification bonuses, a route for temporary employees to reach full-time status, and preserves the automaker’s health-care plan. It is reported that the prolonged strike diminished automotive supply chain revenue and removed tens of thousands of workers from an October Labor Department jobs report. In particular, one business tied to the automaker claimed he had laid off nearly his entire staff and used his personal savings to keep his company afloat.

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Up In Smoke: How Vaping Regulations and Bans May Detriment Small Businesses

By: Nathaniel Reiff

Once considered a healthier alternative to traditional cigarette smoking, vaping might be burning out in the United States. Recently, Massachusetts Governor Charlie Baker ordered a four-month ban on the sale of vaping products after declaring a statewide public health emergency. Governor Baker’s decision comes after 61 cases of lung disease, purportedly related to electronic cigarettes and vaping use, were reported in his state alone. According to the US Centers for Disease Control and Prevention (CDC), since September 17, there have been 530 cases of lung injuries across 38 states. The CDC has not identified any one company or vaping product as responsible for the deaths and injuries associated with the growing trend of alternative cigarette use. According to the New York Times, “Many of the illnesses have been linked to vaping mixtures with THC, the high-inducing chemical in marijuana.”

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