CABLJ Forum

The Corporate and Business Law Journal Forum is a companion to the Corporate and Business Law Journal. It features short responses to scholarship and comments on legal news.

We welcome submissions from professors, practitioners, judges, legislators, and law students. Submissions should be a minimum of 500 words. Each submission is subject to similar editorial standards as the articles published in the Journal.

UBER REMAINS STRONG DESPITE SEXUAL HARASSMENT SETBACKS

By: Jacklyn Brandby

In 2017, a former Uber employee published an essay describing the details of her work experience as a site reliability engineer. In this essay, the employee wrote about inappropriate behavior by her manager and stated that when it was reported to human resources, the company provided no relief.

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U.S. WOMEN’S NATIONAL TEAM SCORES WITH SUIT CERTIFICATION

By: Noah Schultz-Rathbun

Alex Morgan, Megan Rapinoe, and the rest of the U.S. Senior Women’s National Soccer Team (“WNT”) notched another major victory in early November. Morgan and Rapinoe, along with teammates Carli Lloyd and Becky Sauerbrunn, were named class representatives for the rest of the team by U.S. District Court Judge R. Gary Klausner in his November 8 order granting their motion for class certification.

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INSIGHTS INTO “INABILITY TO PAY” CLAIMS

By: Olivia Stitz

Gone are the days where companies are forced to decipher and interpret the Department of Justice’s (“DOJ”) published declination letters. After supplementing Title 18 Sentencing Guidelines with its April 2019 Evaluation of Corporate Compliance Programs, the DOJ left a gaping hole in how they would evaluate Inability-to-Pay claims.

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WE NEED TO TALK.

By: Alexa Weber

In The Federal Trade Commission (“FTC”) has sued Match Group, Inc. (“Match”) for allegedly tricking individuals to subscribe to Match.com, an online dating service, through fraudulent advertising, deceptive business practices, and unfair denial of access to subscriber accounts. Match controls about one-quarter of the online dating market and owns approximately 45 separate online dating services, including Match.com, OKCupid, Tinder, and PlentyOfFish.

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GETTING REAL ABOUT DIVERSITY

By: Adina Weisberg

BigLaw has been slow on improving diversity; top law firms will not even be close to mirroring law school classes until 2057 (for gender diversity) and 2084 (for racial diversity). To address this issue, five firms will work with Diversity Lab, through its Move the Needle Fund (“MTN”), on incorporating experimental methods based on research and data.

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WHEN BANKRUPTCY HAS BENEFITS

By: William Anderson

Purdue Pharma filed for Chapter 11 bankruptcy on September 15 as part of a settlement deal to end several lawsuits alleging the company’s responsibility for the opioid crisis.

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PEN MEETING PAPER MIGHT NOT PROVE A MEETING OF THE MINDS

By: Matthew Bartley

On August 21, 2019, a Delaware Chancery Court ruled that a fully executed written agreement—signed by relatively sophisticated parties—can be deemed unenforceable if uncertainty exists in the agreement’s formation. In Kotler v. Shipman Associates, LLC, C.A. No. 2017-0457-JRC (Del. Ch. Aug. 21, 2019, corrected (typo on page four) Aug. 27, 2019), the court ruled that an equity warrant agreement between an employee and her former employer was unenforceable because it did not codify the required objective intent of both parties to be bound by its provisions.

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