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Dans mon précédent billet, j’ai évoqué succinctement les dernières citations de blogues dans d’importantes décisions judiciaires. Le temps est venu de faire plus précisément le point sur ces références aux blogues par les juges.   En 2018 plusieurs décisions rendues par des tribunaux canadiens, dont la Cour suprême, ont cité des blogues et il me semble très probable que cette tendance s’accentuera en 2019. En attendant, j’aimerais donner un aperçu de cette nouvelle tendance et…
In early 2009, with the financial crisis still raging, progressive policymakers  passed legislation upending the credit card industry. This legislation precluded card issuers from changing interest rates without sufficient warning or charging exorbitant late fees. Congresswoman Carolyn Maloney, who sponsored the legislation in the U.S. House, deemed it “historic” protection for consumers from deceptive bank practices. Conversely, Jamie Dimon, CEO of JPMorgan, postulated that restrictions on repricing would cause his bank to stop providing credit…
Dissatisfaction with corporations is near the top of the political agenda for both the left and for the right. The Accountable Capitalism Act, a bill that would make all corporations with $1 billion or more of annual revenue subject to a federal corporate governance regime (by requiring them to be chartered as a United States corporation), was introduced this past August by Senator Elizabeth Warren.  Among other things, this regime would mandate that not less…
Introduction With the evolution of artificial intelligence (AI), personalized medicine will finally be a reality with AI helping to tackle the vast amount of patient data collected and analyzed from sequencing a patient genome. AI will be used to identify patterns within the high volume of genetic data sets, allowing for the prediction of a patient’s probability of developing certain diseases or assisting physicians with designing potential therapies. AI will be used to help physicians…
Contract formation in commercial transactions can be an expensive and intricate process involving multiple stages and players, as well as significant investments in expertise and information.  In complex asset purchases, leases, corporate acquisitions, or venture financing transactions, to name just a few types, it is practically impossible for the parties to execute a fully stipulated and binding contract in a single meeting or over a very short period of time.  Negotiations of these transactions are…
On January 24, former SAC Capital Advisors portfolio manager Mathew Martoma petitioned the Supreme Court to review his 2014 conviction for insider trading.  Martoma’s conviction stems from activity in 2008 when he paid a doctor from the University of Michigan for tips about clinical trials of a potential Alzheimer’s medication.  Before the results of the clinical trial were announced, Martoma caused SAC Capital to enter into substantial short-sale and options trades that resulted in approximately…
Innovation is the primary engine of growth in economies at the technological frontier, and a path to higher profits and growth for individual companies, as the likes of Apple, Alphabet, Microsoft, and Amazon make clear. CEOs play a crucial role in directing and overseeing their firms’ innovation efforts. This, however, creates a tension: The interests of the shareholders and the CEO might not be aligned, opening the door to agency frictions. In turn, such frictions…
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In the next few weeks, statutory interpretation is going to be the talk of the town. President Trump’s emergency declaration, though it has all the trappings of a constitutional crisis and king-like assertions of power, is really nothing more than a nice little question about the meaning of statutes. Congress passed a statute that allows the President to declare a “national emergency.” Once the President makes that declaration, he can then invoke other statutes (also…
Tara Righetti
On this week’s podcast Jon Wainwright talks with University of Wyoming College of Law Professor Tara Righetti about her work in the field of oil & gas law, specifically laws and regulations around incremental storage and pore space utilization. The laws related to pore space utilization – which is one piece of the oil & gas storage puzzle – can be tricky to navigate because there isn’t much legal precedent in federal law related to…
              Today’s post is on AB 2334 from the 2018 legislative session that concerns new employer reporting requirements for injuries and illness. Governor Jerry Brown signed Assembly Bill 2334 by State Assemblymember Tony Thurmond on September the 19th as Chapter 538. This new law went into effect on January 1, 2019. The new law clarifies that the occurrence of a violation of an occupational safety and health order continues…