Vol. LVII No. 2

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 As a result, taxpayers and tax administrations confront significant tax challenges in applying outdated tax principles to this new environment.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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Unpacking the Dirtbox: Confronting Cell Phone Location Tracking with the Fourth Amendment

Abstract: Surveillance technology has raced ahead of the Fourth Amendment, forcing courts to confront high-tech intrusions with rusty jurisprudence. The Dirtbox, an airborne cell-site simulator, allows the government to sweep entire cities and intercept individuals’ cell phone location information without relying on cooperative intermediaries. This Note argues that the government’s use of the Dirtbox and […]

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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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Nothing New, Man!—The Second Circuit’s Clarification of Insider Trading Liability in United States v. Newman Comes at a Critical Juncture in the Evolution of Insider Trading

Abstract: On December 10, 2014, in United States v. Newman, the U.S. Court of Appeals for the Second Circuit clarified what is required for remote tippees to be liable in insider trading cases. The government has argued that the Newman decision is unprecedented and will make it far more difficult to prosecute insider trading defendants. […]

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