Author Archives: Goodman, Samuel C

“So what?” – The Internet of Things & Privacy Rights Apathy in the Age of Trump

NICOLE CHIPI—On February 17, 2017, the Bundesnetzagentur (Germany’s telecommunications watchdog) issued an official warning to the citizens of Germany, banning a product it declared a threat to the private sphere. Jochen Homann, the agency’s president, added that the ban was “about protecting the rights of the weakest in society.” What was this unauthorized wireless transmitting […]

A De Novo Critique of Administrative Deference

LUIS M. REYES—Administrative agencies are lawmaking bodies created by Congress and are entrusted to enforce the mandates of particular congressional statutes. Yet because these statutes often terse or vague, agencies also promulgate new rules and regulations to supplement ambiguities. The judicially created doctrine of administrative deference serves to give the benefit of the doubt to […]

The Emperor Has No (Obligation to) Close: When Seemingly Innocuous Closing Conditions Add to the Deal Risks They Are Intended to Protect Against

SAM GOODMAN—In a highly anticipated decision on a contested merger agreement, the Delaware Supreme Court affirmed the Delaware Court of Chancery’s ruling that acquiror Energy Transfer Equity L.P. (“ETE”) did not breach its agreement to merge with the Williams Companies, Inc. (“Williams”) when ETE terminated the merger agreement because its counsel was unwilling to deliver […]

Between the Devil and the Deep Blue Sea: The Hard Choice Between Health and Privacy

CHRISTOPHER J. FRAGA—Ross Compton recently plead not guilty to aggravated arson and insurance fraud charges deriving from the destruction of his $400,000 home. According to Mr. Compton, he packed a few bags and used his cane to break a window in order to escape after discovering a fire. Unfortunately for Mr. Compton, his pacemaker told […]

Amazon’s “Alexa”: An At-home Dream or Free-speech Nightmare?

ALEXIS MASON— It is a typical morning when my mom yells, “Alexis Karina Mason, come to the kitchen right now!” A multi-color light illuminates around the top rim of Amazon’s “Alexa.” “Sorry I did not understand you,” it replies. This is the daily exchange with Alexa in my household. The device is most often triggered unintentionally […]