Posts by Business Editor
One Night with the King: Do Trump’s Hospitality Competitors Have Standing to Sue Over Violations of the Emoluments Clauses?
By: Paul Zajde “Why wouldn’t I stay at his hotel blocks from the White House[?] . . . Isn’t it rude to come to his city and say, ‘I am staying at your competitor?’”[1] Indeed, as this foreign diplomat opined in 2016, it is quite rude, and a rude diplomat is an oxymoron. That is why over…
Read MoreAthlete or Contractor? The Need for Uniform Definition of the Employment Relationship in Esports
By: Olivia Hines On June 17, 2020, FaZe Clan, a prominent esports organization, was denied a motion for summary judgment in its suit against its former player Turner Tenney, also known for his online name “Tfue”.[1] Tenney left the organization after a downturn in the relationship with the FaZe Clan organization, with the goal of starting…
Read MoreDaily Fantasy Sports: Chance or Skill?
By: Declan Andersen In two memos released on August 7th and October 16th 2020, the Internal Revenue Service (“IRS”) addressed the question of whether payments made by Daily Fantasy Sports (“DFS”) players constitute “wagers” under §§ 165(d) and 4401 of the Internal Revenue Code (“IRC”).[1] In its August memo, the IRS determined that DFS payments do…
Read MoreTrump’s Ongoing War Against the H-1B Visa Moves into a New Phase
By: Kailin Wu On June 22, 2020, the Trump Administration issued a proclamation suspending the issuing process for new H-1B visas.[1] The proclamation resulted in several major U.S. companies bringing suit against the administration.[2] These industries have a long history of hiring highly skilled foreign-born workers.[3] For years, U.S. businesses have employed non-U.S. citizens through…
Read MoreLeaving Turbulence Behind? The WTO’s Recent Ruling Amid Boeing and Airbus Dispute
By: Monica Fritsch On October 13, 2020, the World Trade Organization (“WTO”) ruled that the European Union may impose tariffs on approximately $4 billion worth of American products in response to illegal subsidies given to Boeing, an American aircraft manufacturer.[1] The ruling confirmed that the United States failed to comply with WTO subsidy rules and…
Read MoreCivil Price Fixing Allegations Turned to DOJ Criminal Probes: How Can Poultry Companies Protect Their Business and Executives?
By: Kali Fleming Poultry companies have faced lawsuits and investigations concerning price fixing in the past, yet not much incriminating evidence has been found.[1] In 2016, a civil class action lawsuit was filed in the District Court for the Northern District of Illinois, alleging that a number of the United States’ largest poultry companies “conspired…
Read MoreA Way with Words: How the Arizona Coyotes and John Chayka Spun Their Own Narratives About the Split
By: Alexander Dourian John Chayka unexpectedly stepped down from his role as General Manager of the Arizona Coyotes NHL club in late July 2020, right as the team was preparing to enter the NHL’s 2020 playoff tournament held in Edmonton, Alberta.[1] It came as quite a shock to the hockey world as Chayka had previously…
Read MoreJust Kidding? Using Humor as a Way to Circumvent the Lanham Act’s Likelihood of Confusion Test
By: Demitri Dawson Trademark infringement may have just gotten a little easier. Later this year, the Supreme Court is likely to hear arguments on Jack Daniel’s Properties Inc. v. VIP Products LLC.[1] This case presents intriguing questions about the application of the First Amendment to the Lanham Act.[2] VIP Products LLC (VIP) manufactures and sells…
Read MoreThe Possible End of the Consumer Welfare Standard: How Congress’ Call for Antitrust Reform Will Hurt Big Business but Help Competition
By: Breann Bell In 2019, Congress opened a bipartisan investigation into the four major tech firms to address concerns about competition in digital markets and anticompetitive conduct.[1] Following the investigation, which included a hearing in which the CEOs of Apple, Alphabet (Google), Amazon, and Facebook were questioned by members of Congress about the practices and…
Read MoreHas the CFTC Finally Found a way to Protect the Futures Market from Over Speculation?
By: Aya Abdellatif While many may not understand the futures commodity market, it plays an important role in the lives of most Americans.[1] The futures commodity market is extremely important because of its effect on different prices of goods that are integral to the American economy including corn, coffee, gold, etc.[2] Recently, the Commodity Futures…
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