Stella Brocker analyzes a recent class-action lawsuit against Elon Musk, where a jury found that he committed securities fraud during his 2022 Twitter acquisition. She analyzes whether Muskโs actions legally constituted securities fraud and the broader policy implications of this verdict. Ultimately, she argues that the current securities fraud regulations should be modified to allow for actions brought under a lower standard of culpability to hold rich and powerful actors accountable for negligent behavior on social media.
Essential Medications and Market Power: Insulin Through an Antitrust Lens
In this article, Katie Bunch examines the structure of the U.S. insulin market through the lens of federal antitrust law, analyzing how market concentration, patent protections, and pharmacy benefit manager rebate arrangements, influence competition for a life-saving medication. She evaluates how enforcement of existing antitrust statutes could address competitive concerns within the pharmaceutical industry and shape the future of antitrust oversight in healthcare markets.
Lights, Camera, Consolidation: Antitrust Implications of the Netflix and Warner Bros. Acquisition
In this Article, Josh Smith examines the proposed Netflix and Warner Brothers Discovery acquisition through the lens of modern antitrust law. This Article will examine key concepts such as market definition, concentration, and competitive harms while exploring the challenges modern antitrust law may face in the rapidly evolving digital entertainment industry.
Is Luxury Exclusivity Illegal? Hermรจs Birkin Bag and the Alleged Tying Arrangement
Brookelynn Stone examines Cavalleri v. Hermรจs International, a case challenging Hermรจsโ sales practices as an unlawful tying arrangement in violation of the Sherman Act. She analyzes the plaintiffsโ allegations and the district courtโs reasoning for dismissal, and evaluates the potential implications of a Ninth Circuit reversal for antitrust treatment of luxury markets, while also considering what additional facts could have strengthened the plaintiffsโ claims to better support their antitrust theories beyond mere speculation.
Proposed Changes to the Delaware General Corporation Law: A Reckless Mistake
In this article, Brett Blair explores the newly proposed amendments to Delawareโs General Corporation Law. He illustrates how the amendments represent a desperate attempt by Delaware to change its corporate law to appease controlling shareholders.
The Future of Cryptocurrency Regulation: The Outcome of SEC v. Coinbase
In this article, Emma Wozniak examines how the SEC v. Coinbase case highlights the ongoing struggle to define cryptocurrency regulation, as the SECโs dismissal of its lawsuit against Coinbase signals a shift toward a very different regulatory approach.
Transparency or Loopholes? How the CTAโs Exclusion of U.S. Companies Weakens Its Impact
In this article, Elias Aidun explores the unintended consequences of the Corporate Transparency Actโs recent enforcement shift, examining how exempting domestic companies weakens financial crime prevention and creates new regulatory challenges.
Left Out: Andrew Leftโs Case and the Future of Securities Law
In this article Carrington Calder examines the recent criminal charges against stock guru and media personality Andrew Left. The results of the case could refine Supreme Court precedent and clarify case law surrounding securities fraud schemes.
Big Tech and Securities Fraud: Honesty in the Tech World
In this blog Carrington Calder examines upcoming Supreme Court cases that could change pleading standards for victims of securities fraud. Depending on the Courtโs interpretation of the Private Securities Litigation Reform Act, the decisions could provide more opportunities for shareholder plaintiffs.
The Corporate Transparency Act: Navigating Reporting Requirements and Constitutional Challenges
Avery Auton explores the reporting obligations outlined in the Corporate Transparency Act and considers the potential repercussions of a federal district courtโs ruling deeming the act unconstitutional.
