Wazers Beware: Can Police Access Your Data?

The average American spends roughly 42 hours per year sitting in traffic.[1] This staggering figure helps to explain the public’s enthusiastic response to Waze, a social media platform and mobile application designed to help drivers more effectively avoid traffic and reach their destination. What sets Waze apart from other navigation applications is the platform’s ability to effectively combine electronic meta-data with user-generated reports to determine the most efficient route for a driver to take. Users, referred to as “Wazers” on […] (More →)

How a Viral Snapchat of Tom Brady Shakes Up the World of Copyright

On February 15th, the Southern District of New York held in Goldman v. Breitbart that embedding copyrighted content does not protect content users from copyright infringement claims. This ruling contrasts with the Ninth Circuit holding in Amazon v. Perfect 10 and the way large publications and personal blogs have operated business. The facts surrounding this case, not surprisingly, involve a photo that became widely circulated through social media platforms and online news publications. The Plaintiff, Goldman, snapped a photo of […] (More →)

Rejected Trademark Licenses in Bankruptcy: Giving the Licensor a Fresh Start

Introduction: The United States Court of Appeals for the First Circuit recently issued a ruling which has significant implications for trademark licensees. Reversing a decision by the First Circuit Bankruptcy Appellate Panel, the court held that a trademark licensor in bankruptcy may reject a trademark licensing agreement contained in an executory contract, and in such instances the trademark licensee loses the right to continue to use the trademark.[1] The First Circuit explicitly noted that this decision rejects a contrary decision […] (More →)

Digital Trust Realty: The Simple Problem and Simple Solution for Whistleblowing Under Dodd-Frank

The Supreme Court ruled on February 21st that the protections offered by the Dodd-Frank Act to corporate whistleblowers does not cover “internal”  . The Court ruled in Digital Trust Realty, Inc v. Somers that the act only covers disclosures to the SEC, not to superiors or internal compliance departments.[1] While the full impact of this determination remains to be seen, the Securities and Exchange Commission has provided a strong argument that it will undermine the efficacy of the Dodd-Frank Act’s […] (More →)

Congressional Democrats and Republicans can at least agree on one thing: More protectionism, please

In the age of Trump, few issues, much less pieces of legislation, garner support from both sides of the aisle. Two commentators recently asserted that intense polarization has even “alter[ed] the zone of acceptable political behavior.” Regardless of its content, therefore, the recently introduced Foreign Investment Risk Review Modernization Act (FIRRMA) should be hailed as a political marvel. FIRRMA has received wide bipartisan support, including endorsements from Senators John Cornyn (R-TX), Marco Rubio (R-FL), Dianne Feinstein (D-CA), and Joe Manchin (D-WV), […] (More →)

My Way Till Payday: Mulvaney’s New CFPB

Following the Financial Crisis, Congress took what was considered strong action at the time by enacting the Dodd–Frank Wall Street Reform and Consumer Protection Act (Pub.L. 111-203, H.R. 4173). Part of this legislation created the Consumer Financial Protection Bureau, an agency that has caused controversy across Washington for a number of reasons. The agency is tasked with promulgating regulations with the goal of protecting consumers from what it deems to be abusive financial instruments. It is also able to investigate […] (More →)

Representation of Financial Condition: Does the Sum Equal Its Parts?

On December 19, 2017, the Court of Appeals for the Fifth Circuit held that the debt of a bankrupt Texas businessman would be forgiven, even though he provided misleading oral statement about his company’s financial health.[1] Under §523(a)(2)(A), debt that was obtained through false pretense or fraud cannot be discharged through a bankruptcy proceeding, except if the representation had been an oral “statement respecting the debtor or an insider’s financial information.”[2] This decision revisited the disagreement between Court of Appeals […] (More →)

A Most Favored Class: Corporate Exemption from the Alien Tort Statute

Introduction The arguments surrounding the Alien Tort Statute (ATS), and the scope of its international jurisdictional grant of American authority, ask the courts to resolve fundamental questions about America’s role in international justice. An expansive reading of the ATS would ask America courts to adjudicate human rights abuses across the world, regardless of their connection to the Unites States. Conversely, the federal courts can, and have, narrowed the statute’s scope to only include a very narrow subset of cases. The […] (More →)

To Save a Life: Sales Made in Extreme Political Situations

Earlier this month, Judge Loretta Preska of the Southern District of New York dismissed the case of Zuckerman v. Metropolitan Museum of Art.[1] Laurel Zuckerman, the great-grandniece of Paul Leffman, brought the case, seeking the return by the Metropolitan Museum of Art of a Pablo Picasso masterpiece, “The Actor.”[2] Zuckerman alleged that her great-granduncle, a German Jewish businessman, was forced to sell the painting at an unreasonably low amount to fund an escape from Nazi-ruled Germany and fascist-controlled Italy.[3] Leffman […] (More →)

How the NCAA has Created Criminality

On September 29th, 2017, the sports world was shocked by the arrests of several basketball coaches at high-profile universities in connection with a scheme of fraud and bribery. James Gatto, a global marketing director for Adidas, designed the game plan: pay coaches and families to convince high school players to choose Adidas-sponsored universities and then sign with sports agents who would continue the players’ relationships with Adidas through their professional career. All of these payments were conducted in violation of […] (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.