Posts by associatemanagingeditor
Slow 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,…
Read MoreESG Backlash
By: Catrina Crittenden While environmental, social, governance (“ESG”) investing is seemingly on the rise, so is anti-ESG legislation in Republican leaning states.[1] Popularized by asset management giant BlackRock, investors worldwide are choosing to invest selectively in environmentally, socially, and corporately responsible companies.[2] Investors use ESG, a non-financial consideration, as a set of standards to screen…
Read MoreRe-Balancing the Books: Biden Directs CFIUS’s Focus to Tech and Supply Chains in Recent Executive Order
By: Magdalene Eallonardo On September 15, 2022, President Biden issued Executive Order 14083 on “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” (the “Order”).[1] This Order is the first instance of presidential guidance directed toward the Committee on Foreign Investment in the United States (“CFIUS”)…
Read MoreNCAA’s Gender Discrimination
By: Kendall Deese The NCAA has dealt with its fair share of gender-based discrimination over the years, and their March Madness Tournaments are no different. This year, the NCAA made it painstakingly obvious that they were making the Men’s and Women’s March Madness as “equal” as they could. The NCAA published an announcement stating that…
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