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 →)

Could State Usury Laws Prevent Another Subprime Bubble?

With traditional bond markets tight, investors have injected increasingly huge sums of money into the subprime auto bond market. The increase in demand for subprime auto bonds has in turn driven up demand for subprime auto loans, to a level which many observers worry is looking more and more like a bubble. In the period between 2009 and 2014 alone, subprime auto loans – loans to people with credit scores worse than 640 – increased by more than 130 percent. […] (More →)

Symbolic Yet Real: Shareholder Proposals Pressuring CEOs for Sound Governance

In modern corporations, shareholders and the board of directors maintain a delicate balance of power: substantive business decisions are made by directors and executives, while shareholders retain their right to amend the bylaw and make procedural modifications. However, the line between procedure and substance is less clear in practice than in principle. A centralized executive and a group of dispersed shareholders often fight over the substantive policies of the company through shareholder proposals. As institutional shareholders become more proactive, even […] (More →)

A Closer Look at the New York Times Trump Tax Scandal

Last month, The New York Times released a lengthy article following months-long reporting into the operations of Fred Trump’s real estate empire. The Times reviewed over 100,000 documents including lawsuits, financial paperwork, tax returns, and depositions. The investigation revealed numerous suspect tax practices, ranging from clever tax planning to tax avoidance and “instances of outright fraud.” The 14,000-word article details how Fred Trump built his real estate empire and used creative tax planning to minimize his and his family’s tax […] (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.