Posts Tagged ‘business law’
Open Concept, Closed Case: Realtors Lose Class Action Antitrust Suit – Is a DOJ Death “Nail” Coming?
By: A. Asad Imam The National Association of Realtors (NAR) reached a nationwide settlement on claims alleging that the real estate industry had engaged in anti-competitive practices by keeping buyers’ agent’s commissions high – a per se violation of the Sherman Act (the “Act”).[1] The case, Burnett v. National Association of Realtors alleged price-fixing and…
Read MoreDecoding the SEC’s New Rules: Understanding the New Definition of a ‘Dealer’ in Securities Law
By: Cassy Sulzer On February 6, 2024, The Securities and Exchange Commission (“SEC”) implemented two new rules in the Securities Exchange Act of 1934 (“the Act”): Rule 3a5-4 and 3a44-2.[1] These rules introduce ambiguity regarding the classification of individuals as “dealers” or as “traders,” crucial for determining registration requirements with both the SEC and self-regulatory…
Read MoreA Mid-Air Balancing Act: To Under-Regulate or Over-Regulate?
By: Leo Garonski Under the Civil Aeronautics Act of 1938, Congress significantly subsidized airlines and created the Civil Aeronautics Board to prevent restraints of trade, designate airlines routes, and control seat prices.[1] The Act also required that U.S. citizens own at least three-quarters of each U.S.-based airline.[2] The U.S. airline industry inflected on cost and…
Read MoreTexas Two-Stepping Out of Liability: How the Purdue Pharma Decision Will Have Huge Implications for Future Chapter 11 Cases
By: Olivia Woodmansee From 1999 to 2021, the national rate for deaths caused by drug overdose increased by more than sixfold; this increase is in part due to the actions of the Sackler family and Purdue Pharma LP (“Purdue”).[1] Despite knowing of the harmful and addictive effects of opioids, specifically OxyContin, Purdue continued to engage…
Read MoreUnpacking E.O. 14117’s Impact on the Data Brokerage Industry, Biden’s Most Advanced Executive Order Yet
By Elizabeth Carroll On February 28, 2024, President Biden signed Executive Order 14117[1] on “Preventing Access to Americans’ Bulk Sensitive Data and United States Government-Related Data by Countries of Concern.” The Executive Order delegates authority to the Department of Justice to create regulations that restrict access by “countries of concern” to Americans’ bulk sensitive personal…
Read MoreThe Google-Reddit AI Deal: Strategic Move or a Harbinger of Licensing Agreements to Come?
By: Connor Charney Google and Reddit recently finalized a licensing agreement (“the Agreement”) that will allow Google to train its Vertex AI on Reddit’s data.[1] The Agreement is allegedly valued at $60 million annually.[2] While the Agreement’s precise terms and value have not been made public, commentators are quick to label this as an example…
Read MoreHow Courts Are Navigating the Constitutional Debate Around FINRA’s Enforcement Authority
By: Hannah Lief Alpine Securities Corporation (“Alpine”), a broker-dealer, is challenging the delegation of authority by the Securities and Exchange Commission (“SEC”) to Financial Industry Regulatory Authority (“FINRA”) in Alpine Securities Corp. v. Financial Industry Regulatory Authority, Inc.[1] The lawsuit arises out of Alpine’s constitutional challenge to FINRA’s enforcement of securities regulations.[2] During district court…
Read MoreMonument(al) Designations and Their Vulnerabilities
By: Sarah Benjamin The Antiquities Act, which was passed in 1906, gives Presidents broad discretion to designate areas as National Monuments and thereby take them out of use for commercial industries and set them aside for the sole purpose of public recreation and enjoyment.[1] Since the Act’s passage, various Presidents have designated nearly 100 million…
Read MoreA Win for the SEC: Terraform Cryptocurrencies are Securities
By: Julie Chung The rise in cryptocurrency usage and sales confused the traditional securities and financial space. The Securities and Exchange Commission (“SEC”) typically exercised regulatory oversight to protect investors in the capital markets.[1]Cryptocurrencies have notably dodged financial regulators like the SEC with virtual currencies and sophisticated payment systems structured to avoid financial regulation.[2] Cryptocurrencies…
Read MoreWhat the Shell? Understanding the SEC’s Latest Rule for SPACs
By: Liam Sullivan Last month, SEC Commissioners adopted new rules regarding special purpose acquisition companies (SPACs), concluding a years-long effort to increase transparency and protections around investments in SPACs and the acquisition (de-SPAC) and initial public offering (IPO) of existing companies using this investment vehicle. The SEC turned a critical eye towards SPACs during a…
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