Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (16)
- Internet Law (13)
- Consumer Protection Law (9)
- Law and Economics (9)
- Administrative Law (8)
-
- Commercial Law (8)
- State and Local Government Law (7)
- Civil Law (6)
- Science and Technology Law (6)
- Tax Law (6)
- Torts (6)
- Antitrust and Trade Regulation (5)
- Banking and Finance Law (5)
- Securities Law (5)
- Bankruptcy Law (4)
- Legislation (3)
- Common Law (2)
- Computer Law (2)
- Contracts (2)
- Criminal Law (2)
- Jurisdiction (2)
- Labor and Employment Law (2)
- National Security Law (2)
- Accounting Law (1)
- Agriculture Law (1)
- Air and Space Law (1)
- Civil Procedure (1)
- Communications Law (1)
- Constitutional Law (1)
- Keyword
-
- Aid (1)
- Amazon; Second Restatement of Torts; distribution chain; product defects; injury; consumers; sellers; Section 402a; marketplace; insolvency; internet; product liability; Oberdorf v. Amazon.com; Communications Decency Act; Third Circuit; Third-party sellers; Fullfillment by Amazon; FBA; Business Solutions Agreement; BSA; price parity; third-party vendors; sponsorship; Amazon's choice; Best Seller; Prime; keyword bids; supply chain; Buy Box; FDA; Food and Drug Administration (1)
- And Stockyards Administration; GIPSA; Elizabeth Warren; No-Poach; Joseph Biden; State Attorneys General; Clayton Act; Sherman Act; Donald Trump; Department of Justice; DOJ; Google; Apple; Amazon; White House; Time Warner/AT&T; Pharma; Pay-for-delay; generic drug; Preserve Access to Affordable Generics and Biosimilars Act; Section 5 of the FTC Act; Antitrust Review Act of 2019; Food and Agriculture Concentration and Market Power Review Commission; Reform Bills; Anti-Monopoly and Competition Restoration Act; AMCRA; Congressional Oversite; House Antitrust Caucus; globalization; income inequality; racial justice; NGO (1)
- Antitrust; Department of Justice; DOJ; Federal Trade Commission; FTC; Trump; Obama; Bush; Google; Facebook; marijuana; media; merger; think tanks; Open Markets Institute; Institute for Local Self-Reliance; The American Economic Liberties Project; competition law; second requests; cannabis; Department of Justice's Antitrust Division; ATR; William Barr; Office of Professional Responsibilitity; OPR; Disney-Fox; AT&T/Time Warner; merger; trade regulation; Controlled Substances Act; CSA; Hart-Scott-Rodino Act; HSR; threshold concern; enforcement; investigation; Clayton Act; Automakers; Greenhouse gas; environment; gas emission; Noerr-Pennington doctring; Roy Cohn; CARES Act; COVID-19; AI; neo-Brandeisian; technology; competition; anti-competitive; monopoly; duopoly; Android; iPhone; (1)
- Antitrust; European Union; Regan Revolution; Chicago School of Law and Economics; Campaign Platforms; COVID-19; Super Tuesday; Amy Klobuchar; United States Department of Agriculture; USDA; Office of Competition Advocate; OCA; Federal Trade Commission; FTC; Bernie Sanders; Federal Trade Commission Acts; Grain Inspectors (1)
-
- Antitrust; consumer protection; Brandeis; neo-classical; Bork; fintech; automobiles; Uber; Amazon; merchant; seller; Torts; restatment of torts; political; economic; internet; european union; Reagan; Trump; authoritarian; democratizing; regulation; class-action; state class-action (1)
- Autoloans; Infrastructure; Car Loans; Debt; Bankruptcy; Fintech; Technology; Car Economy; Automation; paycheck-to-paycheck; Consumer Financial Protection Bureau; CFPB; COVID-19; repossession; kicking the trade; Uber; Lyft; Federal Trade Commission; FTC; Uber Xchange; Uber Car Financing; ZipCar; City of Chicago v. Fulton; Chapter 13; Outside Financial Auto Loan Markup Index; Consumer Protection; Credit Apps; Subscription Programs; Ride-sharing; starter interruption device; SID; Consumer Bankruptcy Project; CBP; Chapter 7; superdiscarge; nondischargeable; (1)
- Big data; Securities and Exchange Commission; SEC; securities law; securities regulation; geo-location; data mine; alternative data; information technology; IT; Investment Advisers Act; Securities Exchange Act; Elon Musk; Tesla; Puerto Rico; capital; assets under management; AUM; Department of Justice; DOJ; Rule 10b5; material (1)
- Bolger v. Amazon.com (1)
- Consumer Reporting Agencies; CRA; circuit split; consumer; fraud; Federal Bureau of Investigation; Fair Credit Reporting Act; FCRA; credit reporting; debt collector; consumer report; identity theft; e-OSCAR; fraudent behavior; dispute resolution; Pennsylvania Higher Education Agency Services; PHEAA; Experian; Equifax; hacker; hacking; financing; credit; banking; Consumer Credit Reporting Reform Act of 1996; Automated Consumer Dispute Verification; ACDV; duty of care; cause of action; remedy; private information; Fair and Accurate Credit Transactions Act; FACTA; fraud alert; Consumer Financial Protection Bureau; CFPB; Cushman v. Trans Union Corp.; Brill v. Trans Union; Seventh Circuit; Third Circuit; jury; Henson v. CSC Credit Services; Blackwell v. Chex Systems; furnisher; consumer debt; creditor's tradelines; DeAndrade v. Trans Union LLC; Carvalho v. Equifax Information Services; Ninth Circuit; Bailey v. SCANA Energy Marketing; harmonization; harmonize; (1)
- Cyber-attacks; cyber-crime; information security; cybersecurity; Ponemon Institute; data sharing; data breach; Securities Exchange Commission; SEC; hacking; information technology system; phishing; Department of Justice; DOJ; cybercriminal; malware; spyware; IT; Denial of Service Attacks; DoS; DDoS; Distributed Denial of Service campaign; third-party vendor attack; Dumpster Diving; Economic Espionage; Trade Secret Misappropriation; Office of Compliance Inspections and Examinations; OCIE; Financial Industry Regulatory Authority; FINRA; broker-dealer; Risk Alert; Regulation S-P; Gramm-Leach-Bliley Act; GLBA; Computer Fraud and Abuse Act; CFAA; protected computer; United States v. Valle; Electronic Communications Privacy Act; ECPA; The Wiretap Act; The Stored Communications Act; SCA; The Pen Registry Act; Federal Trade Commission; FTC; Federal Deposit Insurance Corporation; FDIC; Federal Reserve; Economic Espionage Act; EEA; Defend Trade Secrets Act; DTSA; Huawei Technologies Co.; Cybersecurity Disclosure Act of 2017 and 2018; common law; class action; standing; Rule 23(a); 23(b)(3); negligence; breach of contract; derivative shareholder suits; Wyndham Worldwide Corporation; Regulatory Systems Compliance and Integrity; SCI; Regulation S-ID; Regulation S-P; General Disclosure Provisions; 503(c); Regulation S-K; Description of Business; financial statements; Framework for Improving Critical Infrastructure Cybersecurity; compliance; disaster plan; plaintext; ciphertext; crisis management; due diligence; The Protecting Cyber Networks Act; PCNA; National Cybersecurity Protection Advancement Act of 2015; NCPAA; The Cybersecurity Information Sharing Act; CISA; Privacy and Civil Liberties Oversight Board; Department of Homeland Security; DHS; National Cybersecurity and Communications Integration Center; NCIC; U.S. Chamber of Commerce Leadership Council; (1)
- Data breach; data protection; small businesses; breach notification framework; cybersecurity; MyBizHomepage; cyberattack; Code Spaces; Software as a Service; SaaS; cybercriminals; data security; Great Depression; World War II; Small Business Act of 1953; SBA; Small Business Administration; Privacy Rights Clearinghouse; ChoicePoint; Personally Identifiable Information; PII; consumer credit reporting information; Protected Health Information; PHI; Gramm-Leach-Bliley Act; GLBA; Bank Holding Company Act of 1956; Health Insurance Portability and Accountability Act of 1996; HIPAA; Federal Trade Commission; FTC; Fair Credit Reporting Act; civil penalties; Commonwealth v. Haney; Massachusetts Security Breaches Law; In re Yahoo! Inc. Customer Data Security Breach Litigation; California Customer Records Act; attorney general; Community Bank of Trenton v. Schnuck Markets; In re Target Corp. Customer Data Security Breach Litigation; Personal Data Privacy and Security Act; Personal Data Privacy and Security Act; Department of Homeland Security; National Institute of Standards and Technology (NIST) Small Business Cybersecurity Act; Cybersecurity Enhancement Act of 2014; Small Business Reauthorization Act of 1997; Historically Underutilized Business Zones; HUBZone; European Union; General Data Protection Regulation; GDPR; Privacy by Design; California Consumer Privacy Act; CCPA; liability insurance; burden-shifting (1)
- Estonia; blockchain; corporate governance; shareholders; New York; Delaware; cyber security; voting; government services; E-Estonia; encryption; Nasdaq; e-Residency; proxy; annual meeting; securities; ledger; permissioned; unpermissioned; tokens; vote coins; wallet; corporation laws; board of directors; Depository Trust Company; DTC; 14a-13; Exchange Act; NOBO; SEC; derivative; shareholder activism; Procter & Gamble; Nelson Peltz (1)
- Family Farmer Relief Act; bankruptcy; Chapter 12; farmer; debt limit; Small Business Reorganization Act; Subchapter V; liquidation; reorganization; Small Business Debtor Reorganization; Chapter 11; American Bankruptcy Institute; National Bankruptcy Conference; Bankruptcy Clause; debtor; creditor; borrower; lender; Bankruptcy Abuse Prevention and Consumer Protection Act; BAPCPA; trustee; absolute priority rule; creditor's committees; single asset real estate; secured; unsecured; Securities Exchange Act of 1934; Farm Bureau; National Farmers Union; American Bankers Association; Coronavirus (1)
- Federal Rules of Civil Procedure; small-sum claims; consumer; consumer protection; tort; class action; Rule 23; consumer law; modern class action; Federal Arbitration Act; Federal Class Action Fairness Act; Field Code of Civil Procedure; Field Code; Federal Rules of Equity; hisorical; ambulance chaser; Israel Beckhardt; Marcel Kovarsky; Knorr v. Gen. Banking Co.; Kovarsky v. Brook. Union Gas Co.; finance; personal loan; Uniform Commerical Code; UCC; Daar v. Yellow Cab Co.; Hall v. Coburn Corp.; National Office for the Rights of the Indigent; NORI; NAACP; NAACP Legal Defense Fund; state class action; Snyder v. Harris; Truth in Lending Act; TILA; Phillips Petroleum Co. v. Shutts; Class Action Fairness Act; CAFA; Chuck Grassley; Federal Arbitration Act; FAA; enforcement; litigation; aggregation; procedure; procedural rules; torts; legal aid; (1)
- Image and Likeness; NIL; NCAA; College football; student-athlete; COVID-19; Nationa Collegiate Athletic Association; Fair Pay to Play Act; California Statute SB206; Gavin Newsom; Carnegie Foundtion; college football; intercollegiate sport; amateurism; scholarship; Sherman Antitrust Act; monopoly; Standard Oil v. U.S.; NCAA v. Board of Regents; market; videogames; archival footage; licenses; group licenses; Commerce Clause; Dormant Commerce Clause; NCAA v. Miller; contract; legislation; implementation; independent third party; clearinghouse; negotiate; appeal; title IX; (1)
- Inc. (1)
- Inc. taxpayer; tax collector; Complete Auto test; Tax Injunction Act; safe harbor; in personam jurisdiction; Burger King Corp. v. Rudzewicz; virtual presence; Public Law 86-272; brick-and-mortar; (1)
- Inc. v. Brady; forbidden effect; substantial nexus; Pike v. Bruce Church (1)
- Inc. v. City of Valdez; Complete Auto Transit (1)
- Inc. v. Department of Industrial Relations; compensation; Martinez v. Combs; California's Industrial Welfare Commission; IWC; O'Connor v. Uber Technologies (1)
- Inc. v. Department of Revenue of Illinois; commerce clause; S.B. 106; Congress; Kansas; Constitution; retailer; Polar Tankers (1)
- Inc.; Donovan v. DialAmerica Marketing (1)
- Inc.; Dynamex Operations West v. Superior Court of California; insurance; economic benefit; liability; Athol Daily News v. Board of Review of the Division of Employment and Training; In re Barrier Window Systems (1)
- Inc.; Greenman v. Yuba Power Products (1)
- Inc.; Oberdorf v. Amazon.com (1)
- Inc.; Razak v.Uber Technologies (1)
- Inc.; broker-dealer; investment adviser; SEC v. Maynew; United States v. Libera; Business Insier; form 8-k; duty; breach; misappropriation theory; SEC v. Dorozkho; In re Marwood Group Research (1)
- Inc.; labor code; exemptons; proposition 22; federal adoption; Protecting the Right to Organize Act; National Labor Relations Act; Americans with Disabilities Act; (1)
- Internet of Things; California; CCPA; Cybersecurity; Cybercrime; Security; Civil Code; Federal Bureau of Investigation; hack; Internet Corporation for assigned Names and Numbers; ICANN; smart cities; IBM; information; communications; technology; data protection; data; regulation; cyber risk; liability; reasonableness; security law; negligence; tort; Health Insurance Portability and Accountability Act of 1996; HIPPA; New York Department of Financial Services; NYFDS; Office of Civil Rights; OCR; security regulation; In re Adobe Sys. Privacy Litig.; Customer Records Act; CRA; Federal Trade Commission; FTC; Federal Trade Commission Act; National Institute for Standards and Technology; NIST; Model Rules of Professional Conduct; industry standards; self-regulation; Clinton; Trump; Department of Transportation; automation; stakeholder; Dutch Data Protection Authority; Fair Information Practice Principles; FIPP; legislation; compliance; (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek
Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek
Brooklyn Journal of Corporate, Financial & Commercial Law
While the Internet of Things (IoT) has created an interconnected world via phones, laptops, and even household devices, it is not infallible. As cyber-attacks increase in frequency, affecting companies of all sizes and industries, IoT device manufacturers have become particularly vulnerable, due in large part to the fact that many companies fail to implement adequate cybersecurity protocols. Mass data breaches occur often. However, these companies are not held accountable due to the use of the reasonableness standard in existing cybersecurity legislation, which is flexible and malleable. In 2019, the California Legislature enacted a cybersecurity law specific to IoT device manufacturers. …
Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey
Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey
Brooklyn Journal of Corporate, Financial & Commercial Law
Automobiles have become part of America’s infrastructure. For most people, having access to a car is crucial to their livelihoods and they will take on significant amounts of debt to purchase vehicles. Auto debt is unlike any other consumer debt, both in its structure, which allows creditors to easily seize collateral, and in its lack of regulation. The unique and lucrative nature of auto debt has not gone unnoticed by lenders or by companies leveraging fintech to offer people new ways to purchase cars and car loans. This Article assesses the evolving marketplace for auto sales, leasing, and loans to …
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Brooklyn Journal of Corporate, Financial & Commercial Law
Amazon, and other internet sales platforms, have revolutionized the manner in which goods are purchased and sold. The obligations undertaken by Amazon in those sales are unclear, both as a matter of transparency, and as a matter of legal doctrine. Is Amazon a store? Is it a shipper? Is it a telephone? In various transactions Amazon can play some or all of these roles. Choosing the right metaphor has consequences. Amazon knows this and has done everything it can to deploy the metaphors selectively to its best legal and practical advantage, even when the chosen characterizations are inapt or even …
The Political Face Of Antitrust, Spencer Weber Waller, Jacob E. Morse
The Political Face Of Antitrust, Spencer Weber Waller, Jacob E. Morse
Brooklyn Journal of Corporate, Financial & Commercial Law
The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions’ competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.
Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger
Brooklyn Journal of Corporate, Financial & Commercial Law
Consumer Reporting Agencies (CRAs) are the gatekeepers to the American economy. As the chief informants for prospective lenders, landlords, and employers, they exert immense power over the day-to-day decisions of who gets what. Despite these high stakes, the CRAs run consumer reporting as an automated electronic process that causes a lot of reporting errors, disqualifying consumers from essential goods, services, and opportunities. This is painfully true in the context of identity theft, where perverse incentives pollute the integrity of consumer reporting, piling undue harm onto identity theft victims. The law provides a remedy for this problem, but circuit courts are …
The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff
The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff
Brooklyn Journal of Corporate, Financial & Commercial Law
Space, the final frontier. Resting at the rim of the Earth, an endless void full of opportunity awaits those who are willing to take a leap of faith. Historically, only national space programs have been capable of orchestrating expeditions to outer space. However, American aerospace companies now rival governmental entities in their abilities to operate beyond the Earth’s atmosphere. State-of-the-art developments in aerospace technology have positioned the American commercial space sector to become more productive than national space programs in the years to come. Unfortunately, the potential of the American commercial space sector is severely hindered under the Treaty on …
Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano
Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano
Brooklyn Journal of Corporate, Financial & Commercial Law
The rapid rise of “big data” has transformed the way that professional investors make investment decisions. In addition, the intersection of the United States federal securities laws and the use of “big data” to inform securities trading lies in uncharted waters. The nuanced and factually-dependent securities laws are far behind industry practices, and the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have remained largely silent on the issue to date. This Note argues that this combination of murky laws and rapidly evolving business practices gives rise to legal and regulatory risk, and that investment managers leveraging …
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
Brooklyn Journal of Corporate, Financial & Commercial Law
In O’Bannon v. NCAA, the United States District Court for the Northern District of California entered a permanent injunction against the National Collegiate Athletic Association enjoining the collegiate sports governing body from enforcing limits on student-athlete compensation derived from the use of their name, images, and likenesses rights. The court concluded that NCAA rules unreasonably restrained trade in violation of the Sherman Anti-Trust Act, however, neither the court nor the NCAA laid out a framework for lawfully implementing these new economic rights to student-athletes. Since that ruling, only one state’s legislature, California, has attempted to pass legislation to prevent the …
Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger
Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
Two competing visions dominate the fields of antitrust and consumer protection: neo-liberal and progressive. The neo-classical approach is associated with Robert Bork and the Law and Economics Movement. The progressive strand is older, identified with Brandeis and early 20th Century social reform. As a matter of chronology the Brandeisian view dominated into the 1970s, but from 1980, until recently, the Borkian law and economics approach has been in ascendancy in Congress, the academy, and in the courts. Technological change and events in the broader economy have caused the politics and the academic focus to shift. The financial crisis of 2008-09 …
Two Politicizations Of U.S. Antitrust Law, Frank Pasquale, Jacqueline Green
Two Politicizations Of U.S. Antitrust Law, Frank Pasquale, Jacqueline Green
Brooklyn Journal of Corporate, Financial & Commercial Law
Critics have accused the Trump Department of Justice (DOJ) and Trump-appointee-chaired Federal Trade Commission (FTC) of populism, deviating from the more technocratic standards that governed agency interventions during the Bush and Obama eras. The broad brush of politicization has been applied to the administration's handling of a wide variety of topics, ranging from marijuana and media mergers, to landmark lawsuits against Google and Facebook. But a more discerning eye is necessary here. The concept of the political has both authoritarian and democratic registers. The federal Google and Facebook antitrust cases reflected the democratization of high technology antitrust. Meanwhile, troublingly authoritarian …
A History Of Consumer Class Actions In State Courts, Anne Fleming
A History Of Consumer Class Actions In State Courts, Anne Fleming
Brooklyn Journal of Corporate, Financial & Commercial Law
Most historians date the “modern” class action to the 1966 amendments to the Federal Rules of Civil Procedure. Yet, the class action or “representative suit” has a longer, unexplored history in the state courts. In the late 1930s and 1940s, a group of scrappy, first-generation lawyers tried to build their businesses by aggregating the small-sum claims of many consumers. The defendants in these cases were, for example, lenders who failed to comply with the technicalities of state disclosure mandates, and utility companies that charged consumers extra fees. Each consumer’s claim was small, but, as a group, the claims could yield …
Your Uber Driver Is Here, But Their Benefits Are Not: The Abc Test, Assembly Bill 5, And Regulating Gig Economy Employers, Brian A. Brown Ii
Your Uber Driver Is Here, But Their Benefits Are Not: The Abc Test, Assembly Bill 5, And Regulating Gig Economy Employers, Brian A. Brown Ii
Brooklyn Journal of Corporate, Financial & Commercial Law
In September 2019, California passed Assembly Bill 5 (AB 5) which adopts the ABC test as the standard for determining whether an individual worker is an employee or an independent contractor. This legislation is aimed at gig economy employers, such as Uber, whose workers are arguably misclassified as independent contractors, ultimately denying them access to benefits and the ability to unionize. This Note will discuss AB 5 by identifying the successes and pitfalls of the legislation. While AB 5 is a step in the right direction, the bill still needs to be refined to avoid gaps in enforcement. Further, this …
The Heavy Hand Of Amazon: A Seller Not A Neutral Platform, Edward J. Janger, Aaron D. Twerski
The Heavy Hand Of Amazon: A Seller Not A Neutral Platform, Edward J. Janger, Aaron D. Twerski
Brooklyn Journal of Corporate, Financial & Commercial Law
Since the adoption of Section 402A of the Second Restatement of Torts, every party in a product’s distribution chain has been potentially liable for injuries caused by product defects. Consumers who buy from reputable sellers are almost always guaranteed to have a solvent defendant if injured by a product defect. Amazon, though responsible for a vast number of retail sales, has sought to avoid liability by claiming that it is not a seller but a neutral platform that merely facilitates third-party sales to consumers. With two significant exceptions, most courts have sided with Amazon and concluded that Amazon is not …
“Estonia’S Gift To The World”: The Implementation Of A Blockchain Protocol For Corporate Governance In New York, Sydney Lauren Abualy
“Estonia’S Gift To The World”: The Implementation Of A Blockchain Protocol For Corporate Governance In New York, Sydney Lauren Abualy
Brooklyn Journal of Corporate, Financial & Commercial Law
The traditional procedures of corporate governance are not designed to resolve issues related to close outcomes of corporate votes, empty voting practices, the proxy voting protocol, verification of shareholder identities, and access to corporate records. Blockchain technology allows all corporate shareholders to participate in corporate governance more conveniently, with increased transparency, on a secure network. Estonia sought to revolutionize corporate governance by facilitating the development of a blockchain based e-voting protocol for shareholders of companies listed on the Tallinn Stock Exchange to vote in shareholder meetings. After unsuccessful attempts, New York stands well behind other states, such as Delaware, in …
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
Brooklyn Journal of Corporate, Financial & Commercial Law
For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover this …
Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon
Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon
Brooklyn Journal of Corporate, Financial & Commercial Law
Bankruptcy law changed drastically in 2019 with the passage of several bills. This Note will examine two of them. First, the Family Farmer Relief Act of 2019 raised the debt limit of the family farmer from $4,411,400 to $10,000,000. This enables more financially distressed family farmers to be eligible for Chapter 12 relief, a reorganizational tool designed for farmers. Second, the Small Business Reorganization Act of 2019 created Subchapter V – Small Business Debtor Reorganization in Chapter 11. This new Subchapter streamlined the reorganization process for small business debtors by removing roadblocks which often derail a reorganization of a small …
Unmasking The Villain: Exposing Scammers’ Identities To Defeat Harmful Calls, Katherine Teng
Unmasking The Villain: Exposing Scammers’ Identities To Defeat Harmful Calls, Katherine Teng
Brooklyn Journal of Corporate, Financial & Commercial Law
Since 1991, Congress has attempted to limit unwanted phone calls through legislative efforts. However, past and current laws remain ineffective as scam call complaints continue to increase while the harm of these calls remains severe. Currently, the laws affecting telecommunication regulation focus on reactive measures rather than preventative solutions. Most recently, Congress has passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, which will require telecommunication companies to implement SHAKEN/STIR technology to end scam calls before they reach consumers. While this is the most progressive legislation addressing scam calls, this Note will suggest that phone numbers be registered to …
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness
Brooklyn Journal of Corporate, Financial & Commercial Law
Cyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory …
A Taxonomy Of Cryptocurrency Enforcement Actions, Peter J. Henning
A Taxonomy Of Cryptocurrency Enforcement Actions, Peter J. Henning
Brooklyn Journal of Corporate, Financial & Commercial Law
This article looks at how the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have pursued cases involving cryptocurrencies. A number of prosecutions have been brought against defendants who misled investors into believing that they were obtaining cryptocurrencies when in fact there were simply false statements and schemes to defraud, such as Ponzi schemes. When a company has attempted to issue a cryptocurrency to investors, the SEC has relied on Section 5(a) and 5(c) of the Securities Act of 1933 to require that issuers file a registration statement with the Commission. This is not an easy process …