Category Archives: Insights

Turbulent Takeoff: The JetBlue-Spirit Merger’s Bumpy Ride through Antitrust Skies

LAUREN SCHNEIDER—Buckle up, frequent flyers, as turmoil is brewing on the tarmac. If you have kept tabs on the stock market recently, you might have noticed that Spirit Airlines took a nosedive in mid-January, with its shares falling by nearly fifty percent. This swift market downturn came hot on the heels of a U.S. District […]

Trump Kicked Off the Ballot: Navigating an Opaque Corridor to the 2024 Presidential Election

ANDREW MASCIA—Amid looming state caucuses and primaries, states have vehemently sought to remove the 45th President of the United States Donald J. Trump from the 2024 presidential ballot. These efforts are premised on Section 3 of the Fourteenth Amendment, a rarely used constitutional provision ratified after the Civil War. Notably, there is little to no […]

In re Match Group, Inc.: How a Spinoff of Match.com Could Change the Game for Controlling Stockholders

EBA HENDRICKSON—Against a backdrop of rising investor activism, controlling stockholders must now jump through more procedural hoops to obtain the deferential business judgment standard of review for transactions they take part in. In Kahn v. M&F Worldwide Corp. (“MFW”), the Delaware Supreme Court announced that the business judgment rule will only apply to “squeeze-out” mergers […]

Time is Power: A Glance at Apple’s Ongoing Patent Dispute with Masimo

SKYLAR POLLOCK—As the saying goes, “time is the most valuable thing a man can spend.” In this rapidly changing landscape, where smartwatches evolve from simple timekeepers to multifunctional devices, the field of smartwatch makers has become inundated with legal battles, particularly concerning their key features and intellectual property. The complex and lengthy legal process underscores […]

Fair Use Friction in the Age of Artificial Intelligence: The New York Times v. OpenAI

JULIA STEINER—After failed licensing negotiations beginning in April 2023, the New York Times sued OpenAI and Microsoft, the company’s largest investor, last month for copyright infringement. While this is only the latest in a bout of litigation facing OpenAI, the Times is the first news publisher to sue. The complaint alleges that Microsoft’s Copilot and […]