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 Muskโ€™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? 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 courtโ€™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 plaintiffsโ€™ claims to better support their antitrust theories beyond mere speculation.

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 Courtโ€™s interpretation of the Private Securities Litigation Reform Act, the decisions could provide more opportunities for shareholder plaintiffs.

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