On June 30, 2015, the U.S. Court of Appeals for the Second Circuit ruled that Apple Inc. had violated the Sherman Antitrust Act by conspiring to fix prices for e-books with the six largest U.S. publishers.1 The case was, at heart, a question of “whether the vertical organizer of a horizontal conspiracy” to fix prices…
Category: Blog Articles
Drivers v. Uber – An Employment Law Challenge
Despite its mass appeal and outstanding business prospects1, ridesharing platform Uber continues to face regulatory and legal hurdles that threaten to upend its business model. In this blog, I offer a primer of the most significant challenge Uber faces in the United States, a class action battle against their drivers. Unlike traditional taxicab companies which…
Sound Recording Feedback: Efficiency Noise
In my prior post, I argued that the limited nature of the sound recording copyright has had adverse effects on the scope of protection for other copyrights.1 The copyright act defines a sound recording in terms of the process of fixation, not in terms of substantive expression.2 In response, courts developed bright-line rules towards copying…
Coffee Company Involved in Bold “Pump-and-Dump” Scheme
Last month, the SEC filed charges against the former CEO of Jammin’ Java, Shane Whittle.1 Jammin’ Java Corp., doing business as Marley Coffee, is a publicly traded U.S.-based coffee company listed on OTC exchanges.2 The SEC complaint, filed in the Central District of California, accuses Whittle and several accomplices of running a bold and intricate…
Delivery Start-Up DoorDash Sued by In-N-Out for False Affiliation
Popular California-based burger chain In-N-Out filed a lawsuit against DoorDash, a restaurant food delivery start-up founded in 2013.1 Unlike other restaurant delivery services like GrubHub and Seamless, DoorDash has its own drivers and delivery service in exchange of an additional fee, ranging from $2 to $7 depending on location.2 In-N-Out alleged that DoorDash infringed its…
Anti-Money Laundering in Crowdfunding: Update Pursuant to Final Rule
This blog post is written as an update to a Note previously published in the Michigan Business and Entrepreneurial Law Review on anti-money laundering (“AML”) regulation in crowdfunding.1 The Original Note analyzed proposed crowdfunding rules published on November 5, 2013 by the Securities and Exchange Commission (SEC).2 This update is based on the final rule,…
Regulation FD & Social Media: Part II – Risks
The years since the U.S. Securities and Exchange Commission introduced Regulation FD have been marked by remarkable developments in technology. Between 2000 and the present, investors have logged onto Facebook and Twitter, called-in trades on smartphones, and checked quotes on tablets. Publicly traded companies have embraced technology. Most corporate web sites include an investor relations…
A General Motors-Fiat Chrysler Merger? Maybe Not.
Despite attempts made earlier this year by Fiat Chrysler Automobiles (FCA) Chief Executive Officer (CEO) Sergio Marchionne, a merger with General Motors (GM) is highly unlikely. GM CEO Mary Barra rejected Marchionne’s calls for a mutual merger, and FCA is not planning a hostile takeover.1 Previously, Marchionne called for the two automobile manufacturers to merge,…
SENATE COMMITTEE SCRUTINIZES TAX EXEMPTIONS FOR PRIVATE MUSEUMS
The Senate Finance Committee has recently set its sights upon nearly a dozen private museums opened and operated by individual collectors located all over the United States. The committee has begun scrutinizing and putting to question whether the tax-exempt status the museums enjoy “provides sufficient public benefit to justify what amounts to a government subsidy.”1…
Toshiba’s Accounting Scandal and Corporate Governance in Japan
Toshiba Corporation is a 140-year-old Japanese company that conducts business worldwide in a variety of industries, including semiconductors, personal electronics, infrastructure, home appliances, and medical devices. The company reported more than 63 billion dollars of net sales for the fiscal year ending in March 2015, and it employs more than 200,000 people worldwide.1 The manufacturing…