Bitcoin and the Uniform Commercial Code



Jeanne L. Schroeder – Much of the discussion of bitcoin in the popular press has concentrated on its status as a currency. Putting aside a vocal minority of radical libertarians and anarchists, however, many bitcoin enthusiasts are concentrating on how its underlying technology – the blockchain – can be put to use for wide variety of […]



Breaking Up is Hard to Do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence



Harry M. Hipler – This article focuses on partition of real and personal property in Florida in the 21st century. It discusses questions and issues about partitioning real and personal property, so that private lawyers who practice in a variety of areas can familiarize themselves with how partition proceedings work. Partition of real and personal […]



Emerging Challenges in Asset Protection Planning



Inga Ivson – Asset protection planning has gained in popularity and acceptance among estate planners over the past two decades, and is now a headline topic at national legal conferences and a featured subject in law school curricula. While the self-settled spendthrift trust was once considered the domain of a handful of offshore jurisdictions, sixteen […]






The New Fiduciary Rule for Retirement Accounts—Did the DOL Overstep its Bounds?



Jean Strickland—As President Barack Obama has noted, the Department of Labor’s (“DOL’s”) new fiduciary rule intended to recognize the shift of retirement funds from employer-controlled pension plans to present-day employee-driven 401k and IRA accounts. It will do this by updating the Employee Retirement Income Security Act of 1974 (“ERISA”) to ensure that financial advisers act […]



All Free Things Come at a Cost: Facebook and Free Basics



India Prather – First WhatsApp, then Face.com and Instagram, and now free internet? For the past several months, Facebook, U.S. government officials, and wireless carriers have been in discussion about launching Free Basics, an application (“app”) that would provide low-income and rural Americans free Internet access to resources such as online news, health information, and […]



In re Motors Liquidation: Unsecured Creditors Lose Amidst Due Process’ Triumph Over the Finality of 363 Sales



Daniel Halperin – Section 363(f) of the bankruptcy code is an innovative tool that allows a debtor-in-possession to sell its assets free and clear of “any interests in such property.” Many companies, including General Motors (“GM”), can attribute their post-bankruptcy success to Section 363. The free and clear sale creates a shield from product liability against […]



Under Pressure: The Cultural Realities of the Wells Fargo Fiasco



Colin Simon – In recent weeks, roughly 5,300 Wells Fargo employees and managers were fired for knowingly opening millions of unauthorized accounts which generated millions in revenue. Wells Fargo agreed to pay $190 million to settle the civil charges involving these fraudulent accounts. This penalty can be seen as a mere slap on the wrist […]



Legislative Efforts Aim to Prevent Terrorists from Recruiting through Social Media



Brittany Gunter – In the wake of the San Bernardino and Paris massacres, new legislative efforts have emerged that aim to prevent terrorists from using social media and other forms of technology to recruit supporters and plot attacks. Representative Ted Poe (R-Texas) previously introduced a bill on September 30, 2015, titled “Combat Terrorist Use of […]



Is an Artificial Intelligence Takeover on the Horizon?



Deepti Orekondy – With the rapid growth of technology there is growing concern over the possibility that jobs may be replaced by artificial intelligence (“AI”). However, we may be too quick to jump the gun. Although the benefits of technology are vast and the range of its capability is astounding, professionals need not be concerned […]



The Use of Social Data Raises Issues for Consumer Lending



Jonathan Zim – With over 1.54 billion monthly active users, Facebook continues to be the leader among social media platforms, but what do they do with the wealth of personal data gathered? The knowledge of users’ “likes,” preferences, political views, friends, acquaintances, and colleagues is used to create a digital identity—a collection of data in […]




See All UMBLR Insights