Posts by associatemanagingeditor
Texas Two-Stepping Out of Liability: How the Purdue Pharma Decision Will Have Huge Implications for Future Chapter 11 Cases
By: Olivia Woodmansee From 1999 to 2021, the national rate for deaths caused by drug overdose increased by more than sixfold; this increase is in part due to the actions of the Sackler family and Purdue Pharma LP (“Purdue”).[1] Despite knowing of the harmful and addictive effects of opioids, specifically OxyContin, Purdue continued to engage…
Read MoreUnpacking E.O. 14117’s Impact on the Data Brokerage Industry, Biden’s Most Advanced Executive Order Yet
By Elizabeth Carroll On February 28, 2024, President Biden signed Executive Order 14117[1] on “Preventing Access to Americans’ Bulk Sensitive Data and United States Government-Related Data by Countries of Concern.” The Executive Order delegates authority to the Department of Justice to create regulations that restrict access by “countries of concern” to Americans’ bulk sensitive personal…
Read MoreThe Google-Reddit AI Deal: Strategic Move or a Harbinger of Licensing Agreements to Come?
By: Connor Charney Google and Reddit recently finalized a licensing agreement (“the Agreement”) that will allow Google to train its Vertex AI on Reddit’s data.[1] The Agreement is allegedly valued at $60 million annually.[2] While the Agreement’s precise terms and value have not been made public, commentators are quick to label this as an example…
Read MoreThe Legal Cloud Over Trump: How Business Troubles Could Shape His Presidential Aspirations
By: Jae De Leon In a recent legal setback for Donald Trump, a state judge in New York ordered him to pay nearly $355 million in penalties for engaging in years of fraud by misrepresenting the value of his real estate portfolio.[1] The ruling comes after a three-year investigation by New York Attorney General who…
Read MoreA Win for the SEC: Terraform Cryptocurrencies are Securities
By: Julie Chung The rise in cryptocurrency usage and sales confused the traditional securities and financial space. The Securities and Exchange Commission (“SEC”) typically exercised regulatory oversight to protect investors in the capital markets.[1]Cryptocurrencies have notably dodged financial regulators like the SEC with virtual currencies and sophisticated payment systems structured to avoid financial regulation.[2] Cryptocurrencies…
Read MoreAvoiding Discrimination in AI-driven Credit Models: Compliance with Adverse Action Notification Requirements
By: Elizabeth Sloop From spam filters and online shopping[1] to ChatGPT[2], artificial intelligence (“AI”) is an everyday conversation topic. Likewise, financial institutions have incorporated AI into their daily operations.[3] For example, lenders use AI-driven tools to automate decisions in unsecured personal loan and credit card underwriting.[4] Increased efficiency, faster decision-making, and other benefits have made…
Read MoreMoving Fast and Breaking the Video Privacy Protection Act
By: Caitlyn Lindstrom Patreon, a video content subscription platform,[1] challenged the constitutionality of the Video Privacy Protection Act (“VPPA”),[2] which allows consumers to “maintain control over personal information” while generating and accessing video content on providers’ platforms.[3] The VPPA was born out of concern for consumer privacy regarding media consumption.[4] Following the publishing of then-U.S.…
Read MoreCourtroom 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…
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