Posts by blrme
When ‘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…
Read MorePlaying for Keeps: CFIUS and the EA Acquisition
By: Sam Schroeder Electronic Arts (EA) is a massive firm in the video game industry, creating and publishing hit franchises such as The Sims, Madden, FIFA, and the Battlefield series.[1] On September 29, 2025, EA announced an agreement to be acquired by a consortium that includes the Public Investment Fund of Saudi Arabia (PIF) and…
Read MoreAre ‘Independent Contractors’ Really Employees?
By: Kevin Lauro Estimates placed up to thirty-six percent of the United States workforce—and as much as $152.6 billion in economic activity—within the gig economy in 2023 alone.[1] The gig economy comprises independent contractors and freelancers, often utilizing platforms like ride-hailing apps, food delivery apps, or holiday rental apps to offer their services.[2] However, the…
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