Posts by associatemanagingeditor
Courtroom Showdown: Potential Game Changer for Securities Fraud Claims and Disclosure Practices – the Moab v. Macquarie case
By: Cassy Sulzer On September 29, 2023, the U.S. Supreme Court granted certiorari to hear the Securities and Exchange Commission (“SEC”) disclosure liability case of Moab Partners, L.P. v. Macquarie Infrastructure Corp.[1] The Supreme Court will consider whether a failure to make a disclosure required under Item 303 of Regulations S-K of the Securities Act…
Read MoreTexas’s Online-Age Check and What It Could Mean for Businesses
By: Sophie Ossip On August 31, 2023, U.S. District Judge David Ezra declared a Texas online-age requirement bill unconstitutional in Free Speech Coalition, Inc. v. Colmenero.[1] The Texas Attorney General’s Office appealed to the Fifth Circuit and a three-judge panel took up the case on October 4, 2023.[2] The bill required businesses that host adult…
Read MoreThe Monopoly Man Runs Free: How the Financial Industry Could Lose One of Its Biggest Regulators
By: Rafael Andino The Supreme Court recently heard arguments that could threaten the existence of the Consumer Financial Protection Bureau (“CFPB”), one of Congress’ responses to the 2008 financial global crisis.[1] This case not only threatens the regulatory landscape of the financial industry, but also affects other federal agencies who receive funding in a…
Read MoreSlow Times for Solar in the Golden State: California Court of Appeal Will Hear Challenge to the State’s Slash in Subsidies
By: Gustav Gulmert The California Public Utility Commission (“CPUC”) previously incentivized Californians to use rooftop solar panels by financially crediting users at a market rate for the excess power their panels sent back onto California’s electricity grid.[1] Under the Million Solar Roofs Initiative of 2006, California’s solar credit system, called “net-metering,” quintupled in participants and…
Read MoreThe AI Language Processor Strikes Out: ChatGPT Swings at Defamation
By: John Baek United States statute defines defamation as false statements that harm a person’s reputation.[1] In Australia, defamation can occur by any form of third-party publication.[2] ChatGPT is now one such third party, as it generates responses to user prompts.[3] Now, a mayor in Australia may bring the first defamation claim against OpenAI and…
Read MoreTo Be or Not to Be a Security: What Friel v. Dapper Labs Means for NFTs
By: Tanner Sandor On Wednesday, February 22, 2023, a potentially major development occurred in the Decentralized Finance (“DeFi”) space. The U.S. District Court Judge for the Southern District of New York, the Honorable Victor Marrero, denied the defendant’s motion to dismiss the amended complaint in the case of Friel v. Dapper Labs, Inc.[1] The case…
Read Morei-Ban: Patent Dispute with Masimo May Keep Some Apple Watches out of the U.S.
By: Peter Rozewicz Masimo, a global medical technology company organized under the laws of Delaware engaged Apple, a global technology company incorporated in California, in a patent dispute involving the Apple Watch Series 6.[1] Specifically, the complaint alleges Apple violated Masimo’s patents for using light sensors to measure blood oxygen by including the technology on…
Read MoreWhat Goes Up Must Come Down: Balloons, UFOs, and Stocks
By: Ian Griffin On February 4, 2023, two F-22 fighter jets from Langley Airforce Base in Hampton, Virginia, shot down a Chinese spy balloon over the Atlantic Ocean.[1] Since the Chinese spy balloon’s demise, the U.S. Air Force destroyed two more Chinese aircraft entering U.S. airspace.[2] The Chinese government is unhappy with the downing of…
Read MoreThe Genus Claim: SCOTUS Review of Amgen’s Enablement Battle
By: Connor R. Sheehy While traditional utility patents carry some of the strongest protections of intellectual property, they accordingly come with the trade-off of detailed disclosure.[1] That is, to obtain patent protection, an innovator’s disclosure of their invention must be done in such detail that it enables another individual with ordinary skill in the art…
Read MoreSection 230’s Medusa Shield: With Tangible Algorithmic Power Comes Legal Responsibility
By: John Baek One of the laws protecting free speech on the Internet is Section 230 of the Communications Decency Act.[1] It grants “provider[s]” of “interactive computer service[s]” protection from civil liability for content they provide from third parties: a protection, if not immunity, that applies to social media platforms such as Facebook, Instagram, YouTube,…
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