This blog is the first of a two-part series. In this first installment, I will briefly explain how beacon technology works, discussing the benefits that such technology provides retailers, as well as the legal and perceptive risks that accompany the technology. In the second installment, I will discuss the somewhat untouched-legal landscape in which audio…
Category: Blog Articles
A Bitter Pill to Swallow: Regulatory Challenges Faced by Mobile Health Startups
Mobile health apps is a growing market globally, with projection of its revenue in North America to reach over $5 billion by 2018.1 Despite this promising future, regulatory issues remain a concern for startups and investors hoping to get into this space.2 In the United States, for example, mobile health apps are regulated by…
Interlocking Directorates and Risk to Businesses
As conflicts of interest between Alphabet Inc. and Uber Technologies Inc. have continued to grow, David Drummond, the senior vice president of corporate development of Alphabet, has recently resigned from his board position at Uber.1 Drummond’s resignation “highlights how a little-noticed prohibition against interlocking directorates can cause problems for technology firms and private equity groups.”2…
Minimum Wage in the Minor Leagues: Is Minor League Baseball Exempt from the Requirements of the Fair Labor Standards Act?
Major League Baseball (MLB) is currently defending itself in a lawsuit brought by former Minor League baseball players.1 The plaintiffs allege, among other things, that the MLB has violated the Fair Labor Standards Act (FLSA) by failing to pay Minor League players minimum wage and overtime pay.2 Currently, every MLB team has at least…
Law Firm Partnership Tracks Running Firms into the Ground – Is there a Solution? (Part 1 of 2)
Being an equity partner at a law firm used to be a give-in. For decades those who were relatively competent lawyers who served their time at the firm made equity partner.1 After the Great Recession the legal industry was hit hard and law firms were forced to reorganize themselves to remain competitive. The Recession marked…
Examining the Hershey Trust Company Through Mondelez’s Failed Takeover Attempt
After months of negotiations and two rebuffed bids, Mondelez International Inc. gave up its summer-long courtship of the Hershey Company near the end of August 2016.1 The $20-plus billion bids were noteworthy for Mondelez’s persistence in attempting to unite the two confectionary giants. Mondelez’s failed takeover highlighted the continuing importance of the Hershey Trust Company,…
Conflict Minerals: A Noble Cause, a Controversial Solution, and an Uncertain Future (Part 1 of 2)
Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is an oft-forgotten piece of legislation. It found itself a miniscule minnow codified in the oceanic Dodd-Frank Act, which contained some of the most disruptive, paradigm-shifting rules enacted in recent memory. 1502 regulates the use of “conflict minerals,” or the so-called 3TGs: tin,…
Investment Modernization Act of 2016: Part 1 of 2
PART I: What Is The Investment Modernization Act of 2016? The Investment Modernization Act of 2016 is a bi-partisan bill that would amend the Investment Advisors Act of 1940 and update selected Securities and Exchange Commission (SEC) rules to “modernize certain requirements relating to investment advisers.”1 The bill passed the House on September…
The Foreign Account Tax Compliance Act (FACTA) – America’s New Age Big Stick
It is estimated that the United States suffers a revenue loss of approximately $100 billion per year from offshore tax evasion.1 In 2007, U.S. Department of Justice officials uncovered a $20 billion tax evasion scandal masterminded by the Swiss bank, UBS.2 The UBS scandal catapulted into the national spotlight the systematic processes used by foreign…
Understanding the SEC’s Recent Crackdown on Private Equity
In the last few years, the private equity market has continued to balloon. In 2015, there was $2.4 trillion in private equity assets under management and the market as a whole saw an aggregate value of total buyout deals hit $411 billion.1 In comparison, there was $716 billion of total assets under management in the…