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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:

  • Opioid Litigation: A Class of Its Own

    Deaths caused by opioids—both legal and illegal—have been rising since the 1990s, wreaking havoc on communities across the United States. ((Opioid Overdose: Understanding the Epidemic, Centers for Disease Control and Prevention (last updated Dec. 19, 2018), https://www.cdc.gov/drugoverdose/epidemic/index.html.)) In 2017, an average of 130 Americans died from opioid overdoses every day, ((Id.)) and the United States Department of Health and Human

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  • A Case for Statutory Independent Directors

    Within corporate law there is a tense awareness of the overwhelming power of controlling shareholders. Oftentimes, such shareholders exert prodigious force over the actions of the company’s board of directors, in part because controlling shareholders may handpick the board. ((Ronald J. Gilson & Jeffrey N. Gordon, Controlling Controlling Shareholders, 152 U. Pa. L. Rev. 785, 787 (2003).)) Using their connections

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  • Google v. Oracle: The History Leading up to this Case and the Potential Consequences of the Upcoming Supreme Court Decision

    After almost a decade-long fight between Google and Oracle, two of Silicon Valley’s tech giants, the Supreme Court will finally rule on a case which is considered by many to be the “most important copyright case of the decade.” ((Bill Donohue, 4 Copyright Cases to Watch in 2020, Law360 (Jan. 1, 2020, 12:04 PM), https://www.law360.com/articles/1230006/4-copyright-cases-to-watch-in-2020.)) The path which led up

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  • Addressing a supply chain crisis: the looming tidal wave of third-party IP liability lawsuits

    The seismic shift Over the last 50 years the fundamental determinants of value in the global economy have changed. Most prominent in this shifting economic landscape is the category of intangible assets of all forms including patents, trade secrets, copy and data rights, and brand value. Over a short period of time, the importance and relative value of intangible assets

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  • The Duties and Breaches of the CEO President

    “ will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused . . . here will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.” –

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  • Practicing M&A as an Attorney: A Focus on Emerging and Mature Innovative Company Transactions

    Interview subjects have asked to remain anonymous in order to feel comfortable providing candid answers. Mergers and acquisitions is a hot practice in business, law, and consulting and one of the most requested banking groups for incoming investment bankers. ((Brian DeChesare, Mergers & Acquisitions Investment Banking: What You Do Every Day, Mergers and Inquisitions (Oct. 28, 2019, 8:52 PM), https://www.mergersandinquisitions.com/investment-banking-groups-mergers-acquisitions/.))

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  • Pay to Play: the NCAA Must Use Caution with New Player Compensation Rules

    On October 29, 2019, the NCAA announced that it intends to allow collegiate athletes to profit off their own likenesses, opening the door for popular athletes to receive compensation from merchandising and sponsorship opportunities. ((Colin Dwyer, NCAA Plans To Allow College Athletes To Get Paid For Use Of Their Names, Images, NPR (Oct. 29, 2019, 2:59 PM), https://www.npr.org/2019/10/29/774439078/ncaa-starts-process-to-allow-compensation-for-college-athletes.)). Michael Drake,

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  • Assessing the Likelihood of Near-Future Invocations of Section 4A of the Clayton Act

    The Department of Justice announced about a year ago that three South Korean energy companies were to plead guilty in a price-fixing scheme that involved supplying energy to US military bases. ((Three South Korean Companies Agree to Plead Guilty, Justice News (Nov. 14, 2018), https://www.justice.gov/opa/pr/three-south-korean-companies-agree-plead-guilty-and-enter-civil-settlements-rigging-bids.)) In that announcement, the Department of Justice renewed its willingness to use Section 4A of

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  • Deceptive Trademarks: A Free Speech Issue

    Look to your left. Now look to your right. Only one of you will survive. This phrase, which purportedly used to be common in opening addresses at higher-level learning institutions albeit with different wording ((E.g., J. Gordon Hylton, Look to Your Left, Then Look to Your Right: Marquette University Law School, Fall 1919, Marquette University Law School Faculty Blog (Dec.

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  • Pushing the Business Case for Diversity and Inclusion in Law Firms

    This October, the Supreme Court ruled in favor of Harvard University in a notable and highly covered case about whether Harvard’s admissions process was discriminatory towards Asian American applicants. ((Clare Lombardo & Elissa Nadworny, Federal Judge Upholds Harvard’s Race-Conscious Admissions Process, NPR, (Oct. 1, 2019, 3:31 PM), https://www.npr.org/2019/10/01/730386096/federal-judge-rules-in-favor-of-harvard-in-admissions-case. )) However, this did not resolve the matter completely. The argument for

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