General

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.

Continue reading »

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.

Continue reading »

The Student-Athlete Equity Act of 2020: A Step in the Right Direction

By: Gabe Marx

wallpaperflare.com_wallpaper

 

The sports world has gone head-to-head with the NCAA for over a decade, arguing that college athletes should be allowed to benefit fully for their on-field success in the form of compensation for their name, image, and likeness (“NIL”). Despite consistent pushback, both legal and societal, the battle for NIL compensation has been slow developing as the NCAA’s amateurism rules have long prevented athletes from receiving such compensation. In the past month, however, the five largest and most impactful NCAA athletic conferences known as “the Power 5” (Big 10, SEC, Big 12, Pac 12, and ACC) joined forces to produce a new piece of legislation entitled the “Student-Athlete Equity Act of 2020,” once again spurring the debate about the NIL rights of student-athletes.

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

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

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 Spotlight: Michael Grace Jr.

By: Olivia Bane

GraceMichaelA

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.

Continue reading »

Symposium Spotlight: Mason Ashe

By: Brian Lewis

masonashejpg

Mason P. Ashe wears many hats. An experienced sports and entertainment attorney, talent manager, brand strategist, and educator, Mr. Ashe brings over 25 years of experience in the legal and business arenas to best serve his clients, community, and students. As Founder and CEO of Ashe Sports & Entertainment Consulting, Inc., Ashe has structured and negotiated deals related to athlete and entertainer engagement, executive compensation, digital content licensing, and many other agreements associated with the scouting, marketing, management, employment, and commercialization of talent in the sports and entertainment industries globally. Ashe earned a BA degree in Psychology from Hamilton College, and a Juris Doctor degree from the State University of New York at Buffalo Law School. ​

Continue reading »

Symposium Spotlight: Shelia Huggins

By: Olivia Bane

 

Shelia Huggins 2

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.

Continue reading »

The Tax Implications of the Changing Native American Economy

By: Dylan Ray

OLYMPUS DIGITAL CAMERA

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.

Continue reading »

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

General_Motors_logo

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.

Continue reading »