On March 13th, the FDA issued a proposal to combat the rise in teen e-cigarette and cigar use.1 Data has shown that more than 3.6 million middle and high school students were e-cigarette users in 2018, an increase of 1.5 million students since 2017.2 Data also indicated that flavored cigarettes are becoming more popular among…
Category: Blog Articles
The Siphoning of American Innovation: How China Acquires Technology
You have probably heard by now that China is stealing America’s intellectual property. This has been one of the primary issues in President Trump’s trade war with China—and for good reason. Keith Alexander, the former Director of the National Security Administration, has called this theft the greatest transfer of wealth in history.1 The transfer of…
The Legality of Cashless Stores: Tension Between Innovation & Discrimination
The first time I walked into a Sweetgreen, a fast-casual food chain tailored toward “simple, seasonal, healthy food”,1 I noticed a sign that the business would not accept cash.2 Sweetgreen was the first food chain where I noted the deliberate change in how transactions might be conducted going forward. The sign provided a link for…
Implications of SCOTUS Review of Use of Pay History for Determining Starting Salaries
Following the 9th Circuit’s April 2018 decision in Rizo v. Yovino, circuits were split on the question of whether past salary information can be a relevant factor in a company’s defense against Equal Pay litigation.1 Following the Rizo decision and the passage of state and local legislation banning the use of salary history in compensation…
Adding to the Madness: The Economic Impact of Legal Sports Betting After Murphy
March Madness is here. The NCAA Men’s Basketball Tournament, referred to as the “Big Dance,” is unlike any other tournament, with 68 teams narrowing down to one champion in a matter of three weekends. This year’s tournament promises to bring excitement and passion similar to years past, with the additional excitement of more legal gambling.1…
Updates to Credit Default Swap Terms: Too Little, Too Late?
Credit default swaps became notorious financial instruments and symbols of financial engineering run amok during the 2007-8 financial crisis. Once worth over $60 trillion a year, the credit default swap market has shrunk significantly, but it is still worth nearly $10 trillion a year.1 A credit default swap is a financial derivative contract that pays…
The Delaware Chancery’s Unique MAE Ruling
In the recent decision of Akorn Inc. v. Fresenius Kabi AG, et. al., C.A. No. 2018–0300–JTL (Del. Ch. Oct 1, 2018), Delaware’s Chancery Court held, for the first time, that, because a corporation violated a “material adverse effect” clause of a merger contract, the purchasing company could forgo its obligation to buy the target company.1 …
Will There Be An Antidote to High Drug Prices in the U.S?
High drug prices in the United States are a sorely contested topic between consumers, lawmakers, and officials at pharmaceutical companies. The political pressure to lower drug prices is high and drug prices remain pharma’s biggest business and reputational risk.1 On Tuesday, February 26, 2019, officials from seven of the largest drug makers in the United…
Modern Monetary Theory: A Primer
As U.S. political debates continue to intensify around government benefits and tax policy, some politicians and pundits see modern monetary theory (“MMT”) as support for a system of low tax rates and generous government benefits programs.1 To help you get through the presidential election cycle and impress your economist friends, here is a quick primer…
Carried Interest Post-TCJA: Impact on Hedge Funds, Private Equity, and Real Estate
Academics, tax practitioners, and members of both political parties in the US have criticized the so-called carried-interest loophole for many years.1 Although a recent proposal to close the loophole estimated the US Treasury would only collect an additional $17 billion in revenue over ten years,2 the loophole continues to receive criticism due to its political…