For nearly the past decade, Bitcoin has found itself in a state of non-regulation, ambiguous regulation, and conflicting regulation, with several interested agencies vying for effective regulation of an often misunderstood technology. Early run-ins with large-scale criminal enterprises in large part created the multi-directional regulatory attention Bitcoin “enjoys” today. Even while many businesses and individuals …
The United States Congress recently passed the U.S. Commercial Space Launch Competitiveness Act (“CSLCA”). Title IV of the Act ultimately recognized commercial property rights in resources extracted from extraterrestrial bodies. Consequently, the passage of such legislation has once again brought property rights in outer space to the forefront of legal discussion. Although some have said …
Today’s universities and colleges offer a multitude of programs focused on innovation, product development, and entrepreneurship. Students and faculty members are encouraged to create products that can be commercialized. 2 Universities nurture innovation and entrepreneurship in order to foster economic growth and create jobs in their communities and regions. They see entrepreneurship as a new …
Central Intelligence Agency Director, Leon Panetta, states in his Secretary of Defense confirmation testimony before the Senate Armed Services Committee that, “[t]he next Pearl Harbor that we confront could very well be a cyberattack that cripples America’s electrical grid and its security and financial systems.” Cyberattacks have become a daily threat to businesses, consumers, and all …
For years the world of software programming has been operating under the assumption that both the declaration code and the structure, sequence, and organization (SSO) of Java application program interfaces (APIs) were not copyrightable and were therefore free for all to use. However, when Oracle sued Google in 2014 for Google’s use of Java APIs …
Nominative fair use quietly allows the media to name sports teams, musical groups, and other trademarked sources in their reports, for the most part, without liability for infringement. Consumers rely on nominative fair use to make efficient purchasing decisions. It allows consumers to research and find third-party reviews directly naming and comparing brands. Without nominative …
Risk assessment algorithms are equations designed to take large amounts of information about an offender’s past criminal experience, as well as other biographical and psychological information, and use it to compute a score that ranks an offender at various risk levels. Depending on which body within the system is utilizing it, the score is then …
The drug industry is one of the most lucrative in the United States. Drug manufacturers routinely find themselves thrust into patent infringement litigation against generic manufacturers who are motivated by high potential returns from the marketplace. In lieu of expensive and time-consuming litigation, brand and generic manufacturers will often enter into settlement agreements; however, these …
A protracted case in the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., has pitted numerous stakeholders, including two national governments, against one another in a battle to define the meaning of “disposal” within the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). At issue were one hundred years of aerial emissions of heavy metals …
“Mutual manifestation of assent . . . is the touchstone of contract.” The manifestation of mutual assent has evolved throughout history to accommodate mass commercialization and technological change. However, new problems have emerged with the rise of Internet contracting. Consumers, facing increasing numbers of inconspicuous and obtuse contract offers, are oblivious to many of the …
