Posts by blrme
Deep Sea Mining in International Waters
By: Joshua Pearson The Trump Administration has taken the unprecedented step of inviting private companies to apply for permits to mine the deep seabed in areas beyond national jurisdiction.[1] The Administration notes that the Deep Seabed Hard Mineral Resources Act, an obscure statute enacted in 1980, provides the authority to conduct the action.[2] Relying on…
Read MoreBanks v. FinTech: The Legal Fight Around CFPB’s Open Banking Rule
By: Rashonda Harris As technology continues to revolutionize financial services, the concept of open banking has gained momentum.[1] Open banking involves facilitating access to consumer financial data with the ultimate goal of networking that financial data across financial entities.[2] This provides consumers with increased choice and data portability for financial products such as bank accounts.[3] …
Read MoreWhen ‘Generic’ Isn’t Cheap: Antitrust Enforcement and the Business Fallout of the Generic Drug Price-Fixing Litigation
By: Anabelle Faivre More than five years after first filing suit in June 2020, a group of states is pursuing sweeping antitrust claims against thirty-six pharmaceutical defendants.[1] The multistate litigation continues to gain traction, as a federal judge in Connecticut recently rejected most of the pharmaceutical companies’ efforts to dismiss key claims, concluding that genuine…
Read MoreGoodbye Greenwashing, Hello AI-washing
By: Sam Schroeder As you can probably see from the litany of AI-related advertisements and marketing pieces, the biggest trend in the business world is integrating AI into firms and promoting that integration as a driver of growth and record profits. This practice, dubbed “AI-washing”, raises major securities fraud concerns, as firms make sweeping claims…
Read MoreStudent-Athlete “Employee” Status After Johnson v. NCAA: Litigation & Compliance in a Post-Legislative Landscape
By: Jack Di Masi Due to Congress’s failure to enact a uniform statutory rule insulating student-athletes from employee classification, the Third Circuit’s Johnson v. NCAA[1] opinion now sits at the center of a fragmented legal regime that universities must manage immediately.[2] In Johnson, the Third Circuit held that student-athletes are not categorically barred from bringing…
Read MoreTrump Administration Drops Appeal in University Dear Colleague Letter Case: What the District Court’s Analysis Means for Businesses
By: Alejandra Gutierrez On January 21, 2026, the Trump Administration abandoned its appeal in a case before the Fourth Circuit regarding the Department of Education’s anti-diversity, equity, and inclusion (DEI) guidance.[1] In American Federation of Teachers v. Department of Education,[2] a federal district court for the District of Maryland held that the Trump administration’s Dear…
Read MoreGrok’s Image Generator Must Go, and Take Its Deepfakes with It.
By: Kobain Radzat-Lockwood In early December of 2024, xAI, the company behind X (formerly Twitter), introduced an artificial intelligence (AI) image generator that allowed users to prompt its AI model, Grok, to produce and edit photorealistic images.[1] Since its release, the model has generated millions of nude and sexually suggestive photos of individuals against their…
Read MoreHome Office or Permanent Establishment? Implications of the 2025 OECD Commentary on the Model Tax Convention
By: Natalia Baigorri On November 19, 2025, the Organization for Economic Cooperation and Development (“OECD”) released the 2025 update to the Model Tax Convention (“MTC”) and its Commentary.[1] The OECD MTC is not binding authority; rather, it serves as a non-binding recommendation to member countries to adopt their own bilateral tax treaties.[2] The role…
Read MoreWho’s the Boss? – Michigan Argues for Sovereign Immunity over International Pipeline Operations
By: Lauren E. Smith The Supreme Court is scheduled to hear oral arguments for Enbridge v. Nessel[1] this upcoming February.[2] The question presented in this case is a procedural one regarding whether or not district courts have the authority to excuse the thirty-day time limit for removal from state court to federal court in exigent…
Read MoreWill I Win in Court? The Rise of Prediction Markets and Whether They Fall Under State Gambling Laws
By: David Stout Mere hours before any formal announcement by the U.S. government, one Polymarket user initiated a trade to bet that former Venezuelan President Nicolas Maduro would be ousted from his role by January 31, 2026.[1] That single transaction netted the anonymous user $436,000.[2] Polymarket and its competitor, Kalshi, allow users to place bets…
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