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MBELR Online

The blog is a composite of academic, opinion, and news-related pieces submitted by Journal members. Blog entries are independent from the print edition of the Michigan Business & Entrepreneurial Law Review. Our most recent blog posts are below:

  • Mission Product Holdings v. Tempnology leaves a mark for trademark licenses rejected in bankruptcy

    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 debtor-licensor’s rejection of an executory

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  • 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 million, 11%), Pakistan (100 million,

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  • 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 to cooperate with law enforcement.2

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  • The Burden of Pharmaceutical “Evergreening” Strategies on American Health

    “Too many Americans simply cannot afford lifesaving medicines.”1 Consequently, “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. But, our collective health is

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  • 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 company behavior by weaponizing disclosures

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  • The Power of Corporate Social Responsibility Proposals

    Alphabet, Inc., the parent corporation of Google and its affiliated companies, recently held its annual shareholder meeting.1 Among the list of items that were voted on were twelve shareholder proposals.2 Some of these concerned important issues in corporate governance, including sexual harassment in the workplace and inequitable working conditions.3 These proposals, known as corporate social responsibility proposals, are an important

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  • Blockchain technology: the next defense in the protection of intellectual property – a trade secret application

    There has been an increase in the amount written in the popular press and in professional publications about the importance of intellectual property as a fundamental driver of economic value for companies. In fact, greater than 80% of the economic value of the Standard and Poor’s 500 companies is now linked to intangible assets.1 Consider as well that the US

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  • The Effect of Alice Corp. v. CLS Bank International: Developments Since the Ruling

    Since the Supreme Court’s ruling in Alice Corp. v. CLS Bank International in 2014, there have been many changes in both the software industry and patent litigation. Prior to the ruling, challenges regarding patent ineligibility under 35 U.S.C. Section 101 were rarely used or successful in courts.1 However, the landscape dramatically changed with Alice. 35 U.S.C. Section 101 states that

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  • Being “Green” is Not Always a Good Thing: Examining the Legality of CSR-based Executive Compensation Metrics

    On August 19, 2019, the Business Roundtable1  released its “Statement on the Purpose of a Corporation.”2 This statement broadly articulates that a corporation’s purpose is to serve the interests of (1) its customers; (2) its employees; (3) its suppliers; (4) its communities, and (5) its shareholders.3 The statement concludes, “Each of our stakeholders is essential. We commit to deliver value

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  • The Gig is Up: How the Future of the Modern American Economy Necessitates a New Class of Worker to Protect Employee Rights

    The advent of short-term job placement facilitators, such as Uber and Task Rabbit, has drastically changed the employment landscape of modern America over the past 15 years. For decades, the average American worked at a so-called “traditional” job, received benefits from their employer, and retired after 40-some-odd years with a golden watch. With the advent of the “gig economy,” workers

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