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.
By: Mahak Sodhi
What happens if disaster hits and you are unable to perform your promised obligations under a contract? This is the exact type of situation where a party could trigger a force majeure clause. Where unforeseen circumstances occur that cause agreed upon terms of a contract to become substantially taxing, challenging, or more costly to perform, a force majeure provision can save a party from being required to pay damages. As well, so long as parties contracted to include a force majeure clause, the parties can utilize it to excuse performance in that contract.
By: ALEXANDER RUDOLPH
To say that the 2020 election cycle was tumultuous, would be like referring to the Cuban Missile Criss as stressful. Amidst the myriad of election lawsuits and disinformation scandals that threatened American democracy over the past year has arisen a new question; how far can someone go when advocating issues of national importance without crossing a line? What duties, if any, do broadcasters really have in verifying claims that were also made in court? While all of those will likely remain open legal questions, by examining the largest defamation suit to come out of the 2020 election we can better understand the new scrutiny facing lawyers and broadcasters alike, and hopefully that knowledge will serve to caution others from emulating this behavior in the future.
By: Liliana Elliott
Since its inception in 2008, the Keystone Pipeline has been fraught with controversy. For some Indigenous peoples, environmental activists, and farmers the construction of the pipeline was a call for action. While for others, the pipeline was an exciting step towards economic growth and energy advancement. TC Canada and ConocoPhillips own Keystone XL, an expansion of the Keystone pipeline, which was created to transport 83,000 barrels of crude oil from Canada to Nebraska and eventually to the U.S. Gulf Coast.
By: Abigail Olson
The Defense Production Act (DPA), a Korean War era law, gives certain powers to the President of the United States to compel companies to produce goods and prioritize government contracts in times of emergency. While the DPA is often invoked to address natural disasters or defense concerns, the COVID-19 pandemic’s impact on the supply chains of necessary equipment for healthcare workers, particularly N95 masks, have caused both the former and current administration to grapple with how to use this power to combat the health crisis. Additionally, rolling out the vaccine to ensure every American has access to preventative immunization is a new challenge that requires collaboration between the federal government and private industry.
By: William Bassoff
As the next president of the United States, Joe Biden will have a great deal of influence over his administration’s antitrust enforcement. Antitrust enforcement against tech companies’ perceived market power is an increasingly popular idea in the United States. During the current presidency, the Department of Justice and eleven state Attorneys General have brought a civil antitrust suit against Google. Democratic committee members on the House Judiciary Subcommittee on Antitrust recommended sweeping changes to US antitrust laws in order to prosecute Amazon, Apple, Google, and Facebook – perceived tech monopolists. This places the United States in a historic moment for antitrust law, with both political parties clamoring for increased antitrust enforcement against tech giants.
By: Dallin Hendricks
Regulation S-K provides detailed instructions for the registration statement and prospectus issuers use in an offering of securities. On November 9, 2020, three amendments to Regulation S-K will go into effect. The SEC explained that these amendments were intended to “modernize the description of business, legal proceedings, and risk factor disclosures that registrants are required to make pursuant to Regulation S-K.”
BY: MOHAMAD ALI ABDALLAH
“Here I am expected to absorb everybody else’s heartaches … and nobody’s there to resolve to my heartache,” said Terri Lacy, a “mom and pop” landlord affected by state eviction moratoriums that temporarily absolve tenants of rent, but not landlords of their mortgage payments. When the coronavirus pandemic reached American soil, it resulted in not only a health care crisis, but an economic crisis and a housing crisis. As the economy collapsed and people started losing their jobs, people became fearful that they would not have the money to pay rent, and would lose their houses.
By: Jacob King
Over the past decade, virtual currency has exploded as one of the primary forms of payment used online. Virtual currency is preferred by online consumers due to its pseudo-anonymity and convenience. While many consider the pseudo-anonymity and convenience of virtual currency to be advantageous, pseudo-anonymity and convenience are among the many issues presented when it comes to the taxation of virtual currency. . .
By: Trevor Cook
Prophecies about inevitable and imminent changes in the provision of legal services and the profession of law itself have proliferated in recent years in the wake of rapid advances of technology. Artificial intelligence and machine learning and their implementation in natural language processing (NLP) applications is one facet of these technologies that offers great promise but has been adopted with mixed results. For example, the major electronic legal research providers have already implemented NLP technology into their platforms to enhance search results and suggest further relevant resources to their users, but the technology’s promise has not been fully realized in the realm of “document automation.”