Insider Trading Liability in the Wake of Newman: Limitations on Remote Tippee Liability

Trading in public stocks using non-public, material information acquired from a third party brings the risk of insider trading liability. However, liability for traders who receive insider information (“tippees”) but are not associated with the leaking of that information is a currently developing area of law. On December 10, Justice Barrington Parker of the Second Federal Circuit decided the appeal of US v. Newman, a criminal case against two portfolio managers who had traded on tips received through their personal […] (More →)

The Ninth Circuit Reconsiders Last Year’s Controversial Copyright Decision

On December 15 of last year, the Ninth Circuit Court of Appeals sat en banc to reconsider Garcia v. Google, one of the most controversial copyright decisions in recent memory. Earlier, in February, a three-judge panel headed by then-Chief Judge Alex Kozinski bucked copyright law traditional wisdom by holding that film actors have a copyright interest in their performances independent of the filmmakers’ interest in the unitary whole. If upheld, the decision could have wide-ranging consequences for the many millions […] (More →)

Possible Legal and Business Consequences of President Obama’s Stringent Net Neutrality Approach

On November 10th, 2014, President Barack Obama called on the Federal Communications Commission (FCC) to enforce more stringent measures to protect net neutrality on the Internet. Net neutrality entails treating all Internet traffic equally and not giving selective benefits or preferences to one over the other. The President urged the FCC to treat broadband service providers as common utilities providers under Title II of the Telecommunications Act of 1934, which would mean that the Internet service providers cannot “restrict the […] (More →)

Legal Services for Startups: Toward a Web-Based Form System Business

In a 2013 article, Forbes identified 10 Big Legal Mistakes Made By Startups. These include breakdowns in documentation, ignorance of tax consequences, and choice-of-entity issues. Significantly, the article concludes by naming “not having the right legal counsel” as a serious problem for startup companies. Strapped for cash, startups often hire discounted and inexperienced legal counsel from among friends and relatives. Instead, Forbes advises conscientious startups to research and vet potential counsel, retaining attorneys or law firms that have experience in […] (More →)

Occupational Licensing: Protecting the Public or Enriching the Entrenched?

Are you at risk from a rogue interior designer? If requirements to be known as a “Certified Interior Designer” are anything to go by, the State of New York believes you might be. To use that title, New York requires applicants to pay a fee of $377, accrue “at least seven years of acceptable education and experience credits,” and pass a three section test known as the National Council for Interior Design Qualification Examination. Fees for this exam can approach […] (More →)

In My Mind and In My Car: How the Alliance of Artists and Recording Companies suit against Ford is using old copyright law to solve new industry problems

You cannot teach an old dog new tricks – but you might be able to use old laws to solve new problems. The music industry consistently complains about the lack of profits from new technologies, just look at Taylor Swift’s record label, Big Machine Records recent decision to pull their music off of Spotify for the lack of royalties. Set against this background one organization is using a law from 1992 aimed at a niche area of technology to sue […] (More →)

Ebola: The Legal Implications of an Epidemic

The outbreak of Ebola has created a tremendous humanitarian crisis with nearly 14,000 confirmed cases and 5,000 deaths, primarily in the West African countries of Guinea, Liberia, and Sierra Leone. With the appearance of cases in the United States, including two healthcare workers who contracted the disease while they were caring for a patient in Dallas, media coverage and public alarm has greatly magnified. While health and humanitarian concerns predominate, the Ebola epidemic has also created significant legal issues—most prominently […] (More →)

CBLR Seeking Papers for 2015 Survey Issue

In keeping with its tradition of publishing leading business law scholarship, the Columbia Business Law Review (CBLR) is pleased to announce that it is soliciting papers for its 2015 Survey Issue (Volume 2015, Issue No. 2), which will be focused exclusively on the topic “Business & Technology.” This is a time of exciting changes, and CBLR would like to publish your contributions to the legal literature. There is no shortage of topics to explore, from cyber-security and net neutrality to […] (More →)

RMBS Fraud: The Search for Accountability Continues

In remarks before the Senate Judiciary Committee in March 2013, Attorney General Eric Holder famously professed his concerns about pursuing criminal charges against financial institutions: “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if we do prosecute – if we do bring a criminal charge – it will have a negative impact on the national economy, perhaps […] (More →)

Rebutting Reliance: Keeping up with Halliburton and Defendants’ Efforts to Block Class Certification

In Halliburton v. Erica P. John Fund, handed down last June, the Supreme Court held that investor-plaintiffs in securities fraud actions could continue to invoke a presumption of reliance for purposes of class certification but that defendants would be permitted to rebut the presumption at the certification stage. The decision was conservative in that it upheld the controversial presumption of reliance, which effectively allows plaintiffs to bypass one of the usual certification requirements. It did, however, provide defendants, usually businesses, […] (More →)

About CBLR

Columbia Business Law Review is the first legal periodical at a national law school to be devoted solely to the publication of articles focusing on the interaction of the legal profession and the business community. The review publishes three issues yearly, which involve students in the editing of leading articles in business law, as well as the production of student-written notes.