FTC v. St. Luke’s: The Intersection of Antitrust and the Affordable Care Act

On February 10, 2015, the Ninth Circuit Court of Appeals affirmed an Idaho district court ruling to unwind the acquisition of Saltzer Medical Group, Idaho’s largest independent physician group, by St. Luke’s Health System on the basis of federal antitrust law violations, specifically Section 7 of the Clayton Act. The decision by the Ninth Circuit in FTC v. St. Luke’s is significant because it is a key indicator of how courts will balance Affordable Care Act (“ACA”) provisions that incentivize […] (More →)

Tax Inversion Stop-Gaps and Signs of Deeper Problems

The United States, unlike most other developed countries, taxes profits no matter where they are earned. If a U.S. domiciled multinational corporation makes a profit in the U.S., they are taxed at the applicable domestic corporate tax rate, just over thirty nine percent at the highest rate. If the same domestic company earns a profit in Ireland, it is taxed by the Irish at the local corporate tax rate of twelve and one half percent, and by the U.S. on […] (More →)

Innovation in Legislative Measures to Prevent White Collar Crime

While judicially it appears that the definitions of white-collar crimes are narrowing, novel legislative measures to prevent white-collar crime may be on the rise. While the concurrent nature of these moves indicates that there is likely not a direct causation relationship yet, the proliferation of these legislative preventative measures may increase in light of the judicial branch’s hesitancy to lend broad readings to white-collar crime statutes. Judicious Applications On February 25, 2015, the Supreme Court released its opinion in Yates […] (More →)

The Cyclical Nature of Corporate Criminal Prosecutions

“The sentries were not at their post,” concluded the Financial Crisis Inquiry Commission, referring to federal regulators who failed to prevent, or even foresee, the 2008 global financial crisis. Why does it take a nearly ruinous set of circumstances to spur action by federal regulators and prosecutors tasked with rooting out corporate crime? Put simply, there is a false presumption that corporate crime and pervasive fraud are cyclical, or that it only rears its head during times of economic crises. […] (More →)

SEC’s Second Circuit Amicus Brief Argues Dodd-Frank Covers Insider Whistleblowers

In Berman v. Neo@Ogilvy, the Second Circuit must decide whether a person whose employer retaliates against him for internal whistleblowing before that person brings any information to the SEC is entitled to protections under the Dodd-Frank Act. As an interested party, the SEC has filed an amicus brief with the Second Circuit, urging the court to adopt plaintiff’s contention that the SEC’s rule protecting insider whistleblowers is entitled to Chevron deference Facts and Background In 2014, Daniel Berman reported to […] (More →)

EEOC v. Abercrombie & Fitch: The Supreme Court Looks At Religious Discrimination in the Workplace

What is the scope of an employer’s legal duty to make room for employees with religious beliefs that may conflict with business objectives? The Supreme Court heard oral arguments addressing this issue on Wednesday, February 25, in the case of the EEOC v. Abercrombie & Fitch Stores. This case arose when Abercrombie & Fitch refused to hire a Muslim teenager who was deemed not to fit the company’s “Look Policy” because she wore a black headscarf to her job interview. […] (More →)

FCPA Violations in the Hiring Process

The Foreign Corrupt Practices Act (FCPA) prohibits U.S. based or U.S.-listed companies from providing, with corrupt intent, money or other items of value to foreign officials in order to generate business. Essentially, the act bars companies or representatives of companies from bribing officials in order to gain a business advantage. Recent regulatory investigations and enforcement actions reveal that hiring practices have come under greater FCPA scrutiny. But what qualifies as something of value? Would the hiring of the relative of […] (More →)

Funding the President’s Middle-Class Relief Plan: Is the ‘Bank Tax’ a Good Idea?  

In his most recent State of the Union Address, President Obama unveiled a series of reforms designed to mitigate the effects of middle-class wage stagnation. The President’s proposal would offer short-term assistance in the form of tax breaks to middle-income earners, and credits for childcare and education. Equally significant in the President’s plan is a strategy for long-term relief, offering qualifying Americans access to free community college. The component elements of President Obama’s plan are fairly uncontroversial, with many receiving […] (More →)

What’s Future is Prologue: How Anticipating Policy Shifts in Fiduciary Duty Analyses Helps and Harms the Environmentalist Movement

Is a pension fund manager’s choice to invest in coal mines, oil companies, and old power plants so financially unwise as to constitute a breach of fiduciary duty to the pensioners? This is the novel theory that the Asset Owners Disclosure Project [AODP], an organization formed to “protect members’ retirement savings from the risks posed by climate change[,]” hopes to employ in a planned lawsuit against thousands of pension funds. Having identified funds that are heavily invested in “high-carbon assets” […] (More →)

Want to Disappear? For Now, Just Go to Europe.

We live in a world that is increasingly driven by data. Minute Men on Wall Street trade on data just seconds before the rest of the market and are able to capture millions of dollars off penny spreads. Social media networks expose private details to the bored, the curious, and the interviewers alike. A security breach at a major health insurer can mean over eight million victims of identity theft. As yet, the legal market in the United States has […] (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.