For decades, trademark licensees were left in the limbo when their licensors filed for bankruptcy. If a debtor-licensor exercises its statutory right to reject a licensing agreement, a luxury brand product could potentially turn into a trademark-infringing knockoff overnight.1 This issue is at the center of a circuit split regarding the question of whether a…
Month: November 2019
Regulating Fintech for Financial Inclusion
Globally, 1.7 billion people, or roughly 21% of the world population, are unbanked, meaning they lack access to basic financial services such as a simple checking or savings account or a comparable mobile version.1 Nearly all unbanked individuals live in the developing world, with the largest portion living in China (225 million, 13%), India (190…
Cartel Leniency Following the Wind of Change
On July 11 of this year, the Assistant Attorney General of the Department of Justice Antitrust Division, Makan Delrahim, announced a new policy to incentivize criminal antitrust compliance.1 Prior to this announcement, the only avenue for culpable antitrust violators to avoid trial or a guilty plea was to be the first company in their cartel…
The Burden of Pharmaceutical “Evergreening” Strategies on American Health
“Too many Americans simply cannot afford lifesaving medicines.”1 Consequently, “[s]ome patients delay essential care, cut their pills in half, or skip drug treatment altogether, all because of unaffordable drug prices, and their health suffers as a result.”2 All of us will most likely need to take prescription drugs sometime in our lives, if not already….
Escaping Shareholder Primacy – Without Waiting for Congress
Introduction In a statement with the Business Roundtable (BRT), 181 major American CEOs recently proclaimed their desire to serve a variety of stakeholder interests beyond merely those of shareholders.1 However, stakeholder maximization is nearly impossible today for public corporations due to the rise of activist hedge funds; such funds, which exercise unprecedented control over public…