Corporate Governance and Twitter’s Demise: The Revlon Rule in Focus
By Sharifa Hurt I. Introduction The legal rules of corporate governance are necessarily in place to discourage corporate greed and corruption. The situation in which corporate actors operate in self-interest at the cost of their shareholders’ demise is hardly an uncommon circumstance, and often has devastating outcomes. Theranos founder Elizabeth Holmes, defrauded investors out of… Keep Reading
FTX’s End Game: How Sam Bankman Fried Became a Sad Bankrupt Fraud
By Steven Moore I. Introduction In December 2022, the House Financial Services Committee convened a hearing to investigate the collapse of the cryptocurrency exchange FTX, which occurred in early November 2022.[1] The testimony provided at this hearing, as well as subsequent reporting, exposed a shocking case of fraud and corporate malfeasance, rivaling the infamy of… Keep Reading
How Can the USDOT and Southwestern Re-Earn American Consumer Trust?
By Sophia Sahagun I. Introduction In December 2022, Southwest Airlines melted down. Almost 16,000 total canceled flights at the end of the month left travelers and employees stranded at airports all over the country.[1] Though at first inclement weather was blamed, later it became clear that this was a Southwest-specific problem about far more than… Keep Reading
The New 27 Club: Label, Legacy, and the Law
By Dawson J. Sanders I. Introduction Jimi Hendrix, Janis Joplin, Jim Morrison, Kurt Cobain – For many, these names together are invariably associated with what Rolling Stone Magazine calls “one of the most elusive and remarkably tragic coincidences in rock & roll history.”[1] The coincidence is now known as “the 27 Club,” referring to the… Keep Reading
The Erosion of Public Trust in the U.S. Bankruptcy System: Causes and Consequences
By Benjamin Miles I. Introduction to Bankruptcy Fraud Although many foreign legal scholars praise the U.S. bankruptcy system for its effectiveness in providing a fresh start for individuals or businesses in financial distress, the American public largely has lost faith in the system because of its perceived misuse by businesses seeking to evade debt obligations.… Keep Reading
Celebrity Endorsements and Partnerships for Marketing Purposes
By Elizabeth Lee I. Introduction Ever since advertising first began, companies have utilized celebrities’ fame and power to market their products. In doing so, companies can reach larger audiences and tap into extensive networks of loyal fans. With the rise of social media and platforms like Instagram and TikTok, companies have taken a greater interest… Keep Reading
M&A: Twitter and Elon Musk
By Lauren Dickstein I. Introduction: About M&A Mergers and acquisitions, commonly known as M&A, refers to the process of combining different companies through buying and selling.[1] While M&A transactions take place in various forms or “deal structures,” they all involve the transfer of ownership of part or all of a business.[2] For example, a company… Keep Reading
From LabMD to AMG: Where Should the FTC Go From Here?
By Lauren Dickstein Have you ever agreed to a company’s privacy policy, had blood work tested by a lab, or purchased something online? If so, your personal information, or “data,” has been subject to regulation by the Federal Trade Commission (“FTC”). Today’s data-driven services and products advertise bettering consumers’ lives by saving time, money, or… Keep Reading
An Implied Yet Mandatory Contractual Duty: its Development and Implications
By Nicole Farahan The Implied Covenant of Good Faith and Fair Dealing Contracting parties can choose to waive many duties. One duty, however, cannot be waived nor contracted around: the Implied Covenant of Good Faith and Fair Dealing (the “Covenant”). Even though the duty is not explicitly stated in an agreement between contracting parties, hence… Keep Reading
Agency Activism: The SEC’s Climate-Related Disclosure Proposal
By Steven Moore In March of 2022, the Securities and Exchange Commission (SEC) proposed new climate-related disclosure requirements for public companies listed in the United States. This new regulatory scheme would compel public companies to provide certain climate-related financial data and greenhouse gas emission insights in public disclosure filings. While applauded by climate-conscious activists and… Keep Reading