Using the Duty of Loyalty as a Vehicle for Change in Sexual Misconduct Cases

Beginning with the New York Times publication on October 5th, 2017 that detailed a pattern of sexual abuse by the well-known film producer Harvey Weinstein, the last month and a half has seen a maelstrom of allegations against many prominent individuals in both media and the political sphere. The list includes the likes of James Toback, Jeremy Piven, Mark Halperin, Kevin Spacey, Dustin Hoffman, Brett Ratner, Louis C.K., Roy Moore, and former President George H.W. Bush. Whether or not all […] (More →)

Ambac II in the M&A Context: New York’s Highest Court Tightens The Common Interest Doctrine

Introduction In June 2016, New York’s highest court decided Ambac Assurance Corp. v. Countrywide Home Loans, Op. No. 80, 2016 WL 3188989 (N.Y. June 9, 2016) (Ambac  ). Its ruling significantly narrowed the scope of New York’s common interest doctrine, a key exception to the waiver of attorney-client privilege when communication is disclosed to, or made in the presence of, a third party. The Court of Appeals held the common interest doctrine to apply only if the parties in question are […] (More →)

Is Current Antitrust Policy Neglecting Monopsony Power?

On November 1, 2017, New Jersey Democratic Senator Cory Booker wrote a letter to the Justice Department’s Antitrust Division and the Federal Trade Commission (“FTC”), declaring that both agencies, “have not prioritized the responsibility to ensure that workers have meaningful choices that allow them to fairly bargain among potential employers.” Booker’s letter voices his concerns about the increasing power of “monopsonies” in the market. He cites monopsonies as a potential contributor to the growing trend of corporate concentration, which has […] (More →)

Increasing Scrutiny on Foreign Investment: Is it the Worst of Times for Dealmakers?

Broadening the Authority of CFIUS Earlier this year, the Pentagon delivered a non-public report addressing potential threats to national defense that arise from Chinese investment in artificial intelligence and machine learning. The report urged the Committee on Foreign Investment in the United States (CFIUS) to strengthen its review on foreign investment, especially for transactions that are not currently subject to CFIUS review, such as early stage investment, joint venture, and non-control investment. The Pentagon report cautioned that one of the […] (More →)

Can We Expect Corporate Boards to Police Their Members for Illegal Behavior?

In recent weeks, the scandal surrounding Hollywood mogul Harvey Weinstein has put what appears to be a just and swift end to a prosperous career. The news explosion following the initial profile on Weinstein’s past has marked only the beginning of what is sure to be a lengthy mess of legal battles which will haunt the former power broker. Though many of the incidents seem to have occurred in Weinstein’s personal life, their connection to the operation of those corporations […] (More →)

LSTA v. SEC on Appeal – Is the CLO Risk Retention Requirement at Risk?

In response to the financial crisis of 2008, Congress passed landmark financial legislation in 2010: the Dodd-Frank Wall Street Reform and Consumer Protection Act. In order to limit the systemic risk that deepened and extended the crisis’s impact, Dodd-Frank tasked a variety of financial regulators with promulgating rules on a wide variety of topics. As the regulators develop standards and subject financial entities to new obligations, the regulations have resulted in challenges to those rules which entities feel go too […] (More →)

Tax Reform Flowing-Through the Guard Rails

Goals of Tax Reform Since the 2016 campaign trail, tax reform continues to seize elevated debate time beyond the public’s historical interest. Whether this is due to Americans deep desire to submit their taxes on a post-card, or due to the anticipation it will be “REFORM THAT WILL MAKE AMERICA GREAT AGAIN” is still up for grabs. Regardless, the President and Republicans in Congress, published several proposals outlining their vision of tax reform. Their purpose, as outlined in the Unified […] (More →)

When Can Whistleblowers Get Dodd-Frank Protection: The Supreme Court Takes on a Circuit Split

What are the boundaries of Dodd-Frank’s whistleblower protection provisions – is internal reporting enough, or does the Act only cover individuals who report directly to the SEC? The answer to this question hinges on how you define ‘whistleblower,’ and the Courts of Appeals cannot agree on a common understanding. The standard may finally be clarified now that the Supreme Court has granted certiorari in Digital Realty Trust v. Somers, two years after the lower courts first split on the issue. […] (More →)

Data Privacy in the Information Age: Constitutional Concerns

We currently live in the information age; with the rise of new technologies comes increasing access to the outside world. With devices such as smart phones and tablets, it’s now even easier to share thoughts, ideas, and information with others. This newfound capacity comes with a price, however. Major corporations like Facebook and Google routinely harvest users’ information and sell it to third party advertisers. Security breaches like the recent Equifax hacking illustrate the perils of sending and storing information […] (More →)

Should Insider Trading be Legal?: A Look at the Question after Salman v. United States

Though insider trading has been illegal for decades now and has been firmly placed on the wrong side of the law, there has been a healthy academic debate about whether the practice should be legalized.  Scholars debate how insider trading affects market efficiency and if has any ill-effects in the long run.  Despite many arguments against insider trading being penalized, the Supreme Court in Salman v. U.S. took a more expansive view of what counted as insider trading and thus […] (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.