CHRISTOPHER CALFEE Whether Justice Scalia chopped down the “judicial oak which ha[d] grown from little more than a legislative acorn” or cleared an entire forest of “botanically distinct tree[s]” when he created the transactional test in Morrison v. National Australia Bank, Ltd., he undoubtedly changed the legal landscape for both international and antifraud securities laws. The [...]

AMANDA S. NAOUFAL In SEC v. Citigroup Global Markets, Inc., Judge Rakoff rejected a $285 million settlement between the Securities and Exchange Commission (“SEC” or “Commission”) and Citigroup. The complaint alleged that Citigroup failed to disclose its role in the selection of assets for a billion dollar collaterized debt obligation. Judge Rakoff rejected the consent [...]

ARJUN PRASAD Nuclear regulation has faced a variety of challenges since the Atomic Energy Commission first introduced the procedure of two-step licensing, in which construction and operational licenses are issued separately to nuclear reactor developers. Since 1974, and the establishment of the Nuclear Regulatory Commission, the process for licensing a nuclear power plant has changed [...]

ALEXANDRA MACKEY The fashion industry is a global industry, generating $1.2 trillion in revenue.  Consequently, the question of whether—and to what extent—fashion designers can protect their works under the intellectual property laws of their country is hotly debated.  In Asia, the answer to this question varies from country to country. In India, for instance, fashion [...]

NICHOLAS D. BEADLE Recent news reports have documented how some employers have collected social networking passwords from employees and job applicants in an attempt to evade privacy protections that might prevent them from tracking employees and applicants’ online activity.  The Federal Stored Communications Act (“SCA”) requires an employer to secure an employee or applicant’s knowing [...]

CHARLES POLLACK Proprietary schools encounter increased scrutiny as they become more influential within the United States. Many students claim that these for-profit businesses fraudulently request student loans from the government. These allegations have created a debate over review standards in the circuit courts. A recent Supreme Court decision has further complicated this issue by allowing [...]

YARITZA VELEZ Since the passing of the CAN-SPAM Act in 2003, courts have grappled with its application in a world where emerging technology quickly changes the way consumers and businesses communicate with each other. In recent years, courts have displayed a trend of broadening the definition of “electronic mail messages” under the Act to include [...]