Category Archives: News

Winning, but at What Cost? The Problem of Loot Boxes in Video Games and How the FTC Could Help

SYDNEY LANDERS—On August 3, 2020, a class action complaint, naming Electronic Arts (“EA”) as the defendant, alleged that loot boxes in games, specifically sport franchise games like FIFA, “entic[e] consumers . . . to engage in gambling and similar addictive conduct.” Loot boxes are a form of microtransaction: some use in-game currency to purchase new […]

Re-Contextualizing Medical Marijuana Reimbursements in Anticipation of Its Legalization

SEAN HUGHES—Currently, there is strong bipartisan support at the federal level for the legalization of medical and recreational marijuana. The Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act is bipartisan legislation that removes marijuana from the Controlled Substances Act (CSA), thus decriminalizing marijuana at the federal level and enabling states to define their own laws regarding […]

The Securities Act of 1933: A Textual Approach to Direct Listings

HARRIS BLUM—Congress enacted the Securities Act of 1933 to implement a full and fair disclosure regime in connection with public offerings of stock. The Act’s linchpin is its registration requirement, which forces companies (“issuers”) to file a registration statement with the SEC before selling shares to the public. A registration statement contains extensive disclosure about […]

City of Chicago, Illinois v. Fulton: The Supreme Court Shifts the Burden to Debtors to Reacquire Their Vehicles

CHRISTIAN DE LA OSA—On January 14, 2021, the United States Supreme Court decided City of Chicago, Illinois v. Fulton. In a unanimous decision, the Supreme Court held that “mere retention” of property of the estate after a bankruptcy petition has been filed does not violate the Bankruptcy Code’s “automatic stay.” At first glance, this decision […]

The Potential for COVID-19 Immunity Passports in the United States

HELENA MASIELLO—The economic and physical impact of COVID-19 has led government officials and industry leaders to consider novel safety measures, such as requiring employees to take regular COVID-19 tests and requiring employees to show immunity passports to enter their jobs. The proposed testing protocols would require workers to test negative for the virus before they […]