By: Olivia Kreegel These days, conversations about the metaverse and NFTs seem to dominate the landscape – and it’s not just the ‘finance bros’ leading the discussion. When luxury fashion house Hermès International stepped into the courtroom to ban a “MetaBirkin,” the imbalance between technological advancements and traditional legal frameworks became evident.[1] In December of…

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By: Linnea Miller In recent years, Property Assessed Clean Energy (“PACE” or “C-PACE” for commercial properties) programs have emerged across the country as a powerful tool for financing energy efficiency—from energy-efficient HVAC systems and lighting retrofits to solar panels and water conservation measures.[1] PACE financing provides property owners with the capital needed for substantial upgrades…

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By: Elise Hall In October 2023, the Biden Administration issued the Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, establishing a government-wide effort to guide the use of AI throughout federal agencies, regulate the AI industry, and cooperate on AI governance with international partners.[1] The Executive Order outlines requirements for…

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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…

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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…

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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…

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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…

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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…

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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…

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