Posts by Business Editor
23andMe and Ancestry Stand to Gain from Montana and Maryland’s New Restrictions on Law Enforcement Use of Commercial DNA Databases
By: Paul Zajde In 2018, California detectives famously used forensic evidence from a commercial DNA database to catch the Golden State Killer thirty-five years after his last murder, but privacy experts were not impressed with this scientific feat.[1] The database, GEDmatch, which hosts over a million users, was searched by law enforcement without a warrant…
Read MoreOops She Did It Again: Britney Spears’ Continued Court Challenges to Remove Her Father as Conservator May Have Potential Lasting Legal Ramifications
By: Claire Kretschmer Britney Spears, a pop music icon, and a person of interest to the public for almost the entirety of her career, is back in the news in an unexpected way.[1] Spears is once again taking to the courts to attempt to remove her father, James ‘Jamie’ Spears, as her conservator.[2] Conservatorship law,…
Read MoreDo Monopolists Have an Obligation to Contract With Competitors? The Seventh Circuit Seems to Think So
By: Paul Zajde Generally, antitrust law assumes that competition between companies is a good thing, but there are notable exceptions to this axiom in Sherman Antitrust Act (“Sherman Act”) interpretation.[1] Viamedia, Inc. v. Comcast Corp., pending petition with the Supreme Court, is the latest civil case where a company is pleading that it is entitled…
Read MoreTougher than Nails on Investigation Procedures under Section 232? The CIT Says Yes
By: Monica Fritsch On April 5, 2021, the U.S. Court of International Trade (“the CIT”) determined Trump-era expansions to tariffs on certain steel and aluminum imports violated procedural requirements of Section 232 of the Trade Expansion Act of 1962; therefore, the government must revoke these duties and refund the importers.[1] Section 232 of the Trade Expansion…
Read MoreIs it Fair to Introduce a Strict Liability Rule for Headshots in the NHL?
By: Alex Dourian On January 30, 2021, Calgary Flames forward Dillon Dube landed a dangerous hit to the head of Montreal Canadiens forward Jesperi Kotkaniemi.[1] Kotkaniemi was visibly shaken up and briefly left the game.[2] The morning after, NHL player agent Allan Walsh criticized the NHL’s handling of player safety on Twitter and advocated for…
Read MoreIs Public Funding the Antidote to Campaign Dark Money? How H.R. 1 Could Curb the Influence of Corporate Donations in U.S. Elections
By: Amy Rhoades In March 2021, the House passed the H.R. 1 For the People Act,[1] a sweeping voting rights bill designed to increase access to voting, amend campaign finance laws, and reform ethic rules.[2] Within the bill is a series of public spending provisions intended to counter the rise of corporate and special interest…
Read MoreA Slick Argument Could Revive the Keystone XL Pipeline
By: Eric Sell Grab some popcorn, your pocket Constitution, and get ready for a journey down memory lane—the Keystone XL Pipeline is back in the news. And true to form, the latest debate surrounding the controversial project is bursting at the seams with some exciting (albeit esoteric) legal wrangling. This time, over our old friends…
Read MoreSomewhere Over the Rainbow of Credit: Potential Impacts of CFPB’s Interpretive Rule on ECOA and Sexual Orientation or Gender Identity Discrimination
By: Cyrus Mostaghim DISCLAIMER: While the author is an employee of the Consumer Financial Protection Bureau (“CFPB”), this article’s contents reflect the author’s thoughts as a private citizen, not as an employee or representative of the CFPB. The author wrote this article using only publicly available information and without the use of any CFPB resources. …
Read MoreWhatever.com: The Implications of the Supreme Court Overruling the USPTO’s Per Se Generic.com Rule
By: Demitri Dawson In the world of trademark protection, one rule has remained a constant—generic terms do not qualify for trademark protection. Trademarks are “any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the…
Read MoreCourt Packing? How About FEC Packing?
By: Kolton Whitmire The Biden administration has recently been under pressure to pack the Federal Election Commission (“FEC”) with more pro-enforcement Democrats or Independents.[1] The timing of this pressure, no doubt, stems from frustration over a 2019 D.C. Circuit Court decision that determined an FEC’s non-enforcement decision was unreviewable by the courts.[2]Non-enforcement by the FEC has been…
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