Article

RATs, TRAPs, and Trade Secrets

Abstract: Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools […]

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Modifying At-Will Employment Contracts

Abstract: This Article addresses the problem of “mid-term” modification of employment—the common employer practice of introducing adverse changes in incumbent employees’ terms of employment on penalty of termination. It calls for a universal reasonable notice rule under which courts would enforce mid-term modifications only where the worker received reasonable advance notice of the change. An […]

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A Bare Desire to Harm: Transgender People and the Equal Protection Clause

Abstract: The U.S. Supreme Court’s decision in Obergefell v. Hodges establishing marriage equality for same-sex couples marks a major shift in recognizing gay, lesbian, and bisexual people as a central part of the fabric of American society. Obergefell also marks the passing of the torch from “LGB” to “T”; the next civil rights frontier belongs […]

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Regulating Unicorns: Disclosure and the New Private Economy

Abstract: “Unicorns” are private companies with valuations of a billion dollars or more. As their name indicates, unicorns were originally so rare as to be almost mythical. But Uber and other technology companies have ushered in a new era: we now have a blessing of unicorns, each one of which has the potential to transform […]

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Transfer Pricing Challenges in the Cloud

Abstract: Cloud computing has fundamentally changed how companies operate. Companies have quickly adapted by moving their businesses to the cloud, but international tax standards have failed to follow suit. As a result, taxpayers and tax administrations confront significant tax challenges in applying outdated tax principles to this new environment. One particular area that raises perplexing […]

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Where to Point the Finger: Omnicare’s Attempt to Rectify the Collective Scienter Debate

Abstract: The crucial element in pleading a securities fraud case under the 1934 Exchange Act is proving that the defendant had the requisite intent, or scienter. Circuit courts are divided over the issue of pleading scienter against a corporation for section 10(b) and Rule 10b-5 securities fraud cases. Since a corporation can only act through […]

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