WEBSITE ACCESSIBILITY FOR ALL—IS YOUR COMPANY ADA COMPLIANT?

What do Core Power Yoga, the Honey Backed Ham Company and Camp Bow Wow Franchising all share in common? All three are recipients of complaints challenging existing website accessibility measures for the blind. While the motivations behind such lawsuits have invited controversy from those labeling them as “drive-by lawsuits,” pursued by self-interested lawyers chasing payouts, the underlying criticism is simple: businesses’ websites need to be more accessible to those who cannot see. As the digital space ekes out more and […] (More →)

The Aftermath of the FBI v. Apple Litigation: the All-Writs Act Explored & Unanswered Privacy Questions

A 2015 mass shooting in San Bernardino spawned one of the most controversial cybersecurity cases of the new millennium. The FBI and Apple litigation in which the FBI sought to compel Apple to create a backdoor to their security systems in order to access the shooter’s phone raised serious issues about privacy and the scope of the All-Writs Act. However, the case never saw a true resolution – the FBI withdrew their case when a third party was able to […] (More →)

Cyborgs in the Workplace? Assessing the Consequences of Employee Microchipping

In August 2017, a Wisconsin-based company implanted microchips fueled by radio-frequency identification technology in its employees on a voluntary basis. Initially, fifty employees—enticed by the notion of swiping into the building, unlocking their computers and paying for purchases with a wave of the hand—opted to have the grain-of-rice-sized microchip injected between their thumb and forefinger. One-year later, a glimpse at this company reveals that the microchip has continued to gain traction; an additional thirty employees have received the microchip implants […] (More →)

Influencers Under Fyre: The Case for Greater Enforcement of FTC Endorsement Guidelines Against Social Media Influencers

In late April of 2017, the Fyre Festival—a “luxury music festival” located on the Bahamian island of Great Exuma—fell apart in spectacular fashion. Fyre failed to deliver on its promises of private jets, gourmet food, and luxury villas. Instead, festival-goers were left stranded on the island, forced to spend the night in repurposed FEMA tents, and infamously served cheese sandwiches, despite tickets priced as high as $250,000. The “festival” became a viral sensation immediately after its cancellation and has re-entered […] (More →)

Paying for Change: Existing Environmental Programs May Show the Way Forward

The 116th Congress made waves last week in the world of environmental conservation. No, not the Green New Deal—more on that later. In an exceedingly rare moment of bipartisan legislative activity, the Senate passed S.47, colloquially known as the Natural Resources Management Act, with a tally of 92 yea votes to only 8 nays. The bill, introduced by Sen. Maria Cantwell (D-WA) and Sen. Lisa Murkowski (R-AK), is the culmination of four years of work by western lawmakers and includes […] (More →)

SEC Commissioners Signal Increased Flexibility on Crypto Regulation

It’s been a busy year for cryptocurrencies and the regulators who oversee them. There were several concerning signs for proponents—for instance the price of Bitcoin has dropped more than $18,000 since its high in December 2017, highlighting the volatility of trading in crypto assets. In February 2018, Securities and Exchange Commission (SEC) Chairman Jay Clayton testified in a Senate hearing that every Initial Coin Offering he’d seen came within the scope of securities law, despite a lack of SEC enforcement […] (More →)

Resolving the Circuit Split on Article III Standing for Data Breach Suits

Circuit Courts are split on plaintiff standing in data breach cases and so far the Supreme Court has declined to weigh in on interpretations of Article III standing in this context. The principal split in interpretation is on whether data theft alone is sufficient for standing under Article III or whether actual misuse of the stolen information is required to have occurred for plaintiffs to have standing. The D.C., Third, Sixth, Seventh, Ninth, and Eleventh Circuits have aligned with the […] (More →)

Secrets, Secrets: The Trump Administration and Chinese Intellectual Property Theft

On January 28, 2019, federal prosecutors announced a slate of criminal charges against Huawei, China’s largest smartphone company and the second-largest vendor of smartphones in the world.  Among other allegations, the indictment accused Huawei of stealing trade secrets from an American competitor, T-Mobile.  The charges mark just the latest step in an escalating effort to stop the theft of American intellectual property by Chinese companies, one that has gained steam since President Donald Trump took office in January 2017.  As […] (More →)

A More Perfect Union? Analyzing the Next NFL Labor Dispute

Much of the nation’s attention over the past month has been focused on the government shutdown, a turbulent saga that finally came to an end on January 25 when President Trump signed a bill to temporarily reopen the government for three weeks. It appears that organized labor had a hand in helping end the impasse. Hours before Congress passed its shutdown-ending bill, amidst reports of significant disruptions at airports due to unpaid federal air traffic controllers calling in sick, the […] (More →)

The CFTC Pushes Into New Insider Trading Terrain

Even as recent headlines have criticized Trump administration’s regulatory enforcement record, pointing to a “62 percent drop in penalties imposed and illicit profits ordered returned by the S.E.C., to $1.9 billion under the Trump administration from $5 billion under the Obama administration,” the Commodities Futures Trading Commission (“CFTC”) has taken a different tack. The CFTC Chairman made a speech in early October emphasizing the agency’s recent increase in monetary penalties and describing this past year as “among the most vigorous […] (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.