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: 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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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…

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By: Miguel E. Serrano How does the sudden prevalence of “Wrapped” compilations fit into U.S. privacy law? On January 17, 2024, the D.C. Metro (Washington Metropolitan Area Transit Authority or “WMATA”) followed companies like Spotify, Duolingo, and the Washington Post in posting a 2023 “year-end review.”[1] When Spotify launched its Wrapped feature in 2015, the…

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By: Gustav Gulmert According to the Environmental Working Group, over fifty percent of Americans consider their tap water as unsafe.[1]Instead, people turn to water pitcher filters for their drinking water at home, the gym, and work.[2] Zero Technologies, LLC (“Zero”) and Brita sell high-performance gravity-fed water pitcher filters approved by the NSF Foundation, a standards-setting…

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By: Vincent Alfieri Universal Music Group has recently filed a lawsuit against Anthropic PBC, an Amazon backed startup, alleging that the company’s Artificial Intelligence (“AI”) chatbot infringes on the lyrics from multiple copyrighted songs.[1]  Universal’s complaint contains numerous side-by-side comparisons of the chatbot’s generated lyrics and the lyrics from copyrighted works.[2] When directed by a…

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By: Seth Bilbrey With venture capital firms and other investment companies flocking to social media to promote investment projects, courts are being forced to look at a depression era securities law to determine what exactly a “seller” is.[1] The 1933 Securities Act (“Securities Act”) has allowed investors who have purchased unregistered securities, or who were…

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By: Cassy Sulzer On September 29, 2023, the U.S. Supreme Court granted certiorari to hear the Securities and Exchange Commission (“SEC”) disclosure liability case of Moab Partners, L.P. v. Macquarie Infrastructure Corp.[1] The Supreme Court will consider whether a failure to make a disclosure required under Item 303 of Regulations S-K of the Securities Act…

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By: Elizabeth Sloop When a borrower requires a loan too large for a single lender’s capital base, a group of lenders, or syndicate, may step in to provide funds.[1]  By participating in syndicated lending, the lenders, typically banks and non-bank financial institutions,[2] are able to distribute the risk of default among themselves.[3]  Because of the…

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