FEATURED

 

 

No One Statute Should Have Too Much Power: How Electing Not to Amend 42 U.S.C § 1320(a)–7(b) May Frustrate the Purpose of the Patient Protection and Affordable Care Act

 

 

Amber C. Dawson – The over breadth of the Federal Anti-Kickback statute as amended by the Patient Protection and Affordable Care Act (PPACA) holds dangerous implications for the future of the health care marketplace. When a statute permits criminal, civil and administrative punishment for an overbroad category of innocuous actions, such a statute must also […]

 

 

International Reciprocity: If a Drug Is Good Enough for Great Britain, It Should Be Good Enough for the United States

 

 

Nicole C. Perez – The pharmaceutical industry is one of the largest, and most lucrative, industries in the world, worth about one trillion U.S. dollars. Specifically, the United States accounts for more than one-third of the global pharmaceutical market with about 340 million dollars in sales. Not only is the pharmaceutical industry one of the […]

 

 

China’s Withdrawal of Article 96 of the CISG: A Roadmap for the United States and China to Reconsider Withdrawing the Article 95 Reservation

 

 

Pan Zhen – The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created for the purpose of providing legal neutrality and certainty, and also for the purpose of avoiding choice of law issues in international sales of goods. However, the United States and China, the two largest trading nations in […]

 

 

UMBLR INSIGHTS

 

 

Get Your Facts Straight: Fake News at an All-Time High

 

 

Anthony Perez – You really can’t believe everything you read on the internet. The prevalence of fake news is at an all-time high. By making the sharing of information as easy as the click of a button, social media platforms have breathed life into the fake news phenomenon. All that was needed for it to catch […]

 

 

CADRA: A New Cause of Action in Florida that Business Owners Should Know About

 

 

Ashley Singrossi – “Information is the oxygen of the modern age.” The oxygen of any modern age business is its client lists, formulas, contracts, systems, codes, and financial statements. This information, or data, is stored on a business’ computers. Florida recently recognized the importance of protecting this information and enacted the Computer Abuse and Data Recovery […]

 

 

EB-5s, a Developer’s Secret Tool: Billions of Dollars Invested and Tens of Thousands of Jobs Created at no Cost to Americans

 

 

Zachary Doniger – On September 29, 2016, Congress voted for a short-term extension through December 9, 2016 for the EB-5 Regional Center Program. Congress established the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors seeking U.S. resident visas, better known as green cards. Congress later enhanced […]

 

 

“Hey Siri, How Much is my Design Patent Worth?”

 

 

Tyler Laurence – After five long years in court, Apple has its sights set on $400 million, and Samsung isn’t too happy about it. The two tech industry titans squared off on October 11th, when the Supreme Court heard oral argument to decide how damages should be calculated in design patent infringement cases. Here, the Court […]

 

 

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 […]

 

 

 

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