Category: Corporate Law

How Is International Commercial Arbitration Different from Domestic Arbitration in the United States?

New on the UC Law Review Blog, Professor John B. Pinney explains why international commercial arbitration is far more than simply "arbitration across borders." By comparing it with domestic arbitration in the United States, the Article highlights the procedural, evidentiary, and enforcement mechanisms that have made international arbitration the principal means of resolving cross-border commercial disputes.

Elon Musk’s Twitter Acquisition: Securities Fraud Regulation on Social Media

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 Musk’s 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.

Is Luxury Exclusivity Illegal? Hermès Birkin Bag and the Alleged Tying Arrangement

Brookelynn Stone examines Cavalleri v. Hermès International, a case challenging Hermès’ sales practices as an unlawful tying arrangement in violation of the Sherman Act. She analyzes the plaintiffs’ allegations and the district court’s 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 plaintiffs’ claims to better support their antitrust theories beyond mere speculation.

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