A New Forum: The Guelph Treasure Decision and its Impact on Jurisdiction of U.S. Courts over Restitution Claims for Nazi-Looted Art

Throughout the latter half of the 20th century and continuing to the present day, survivors and heirs of victims of the Holocaust have come forward to claim artworks in public and private collections around the world that were seized by the Nazis or were sold under duress by owners in dire need of escaping occupied countries. This arena has been characterized by conflicts over whether U.S. courts have jurisdiction over claims against sovereign.. Read More

Murphy v. NCAA: The Fall of PASPA and the Rise of Sports Gambling

With the recent Supreme Court Decision in Murphy v. NCAA, 138 S. Ct. 1461 (2018), the state of sports gambling is in flux. Like many other forms of prohibition, the Professional and Amateur Sports Protection Act (PASPA), the 1992 federal statute that prohibited the state authorization of sports gambling, was largely ineffective in curtailing the illegal market. While the exact amount is unclear, estimates put the amount of money illegally wagered on sports.. Read More

Redefining Privacy Invasion to Involve a Human Element on Both Ends

On October 24th, Yafit Lev-Aretz presented on “Privacy & The Human Element” in the weekly Privacy Research Group (PRG) meeting. There is no doubt that interest in privacy violations has skyrocketed ever since the Cambridge Analytica scandal, which caused a huge uproar regarding Facebook’s privacy measures. However, despite this incident, most people continue to use Facebook without paying much heed to their privacy. Lev-Aretz explained this phenomena as the “privacy paradox.” The paradox.. Read More

Oil States: SCOTUS Preserves IPR Status Quo

On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR) proceedings do not violate Article III or the Seventh Amendment. Article III vests the “judicial power of the United States” in the Article III courts. In holding that IPR does not violate Article III, the Court construed the grant of a patent as.. Read More

Data Privacy and Children

The topic of data privacy and information security is continually highlighted as one of the preeminent challenges of a rapidly advancing society. Issues of privacy and security are often seen challenging our current legal and technical capacity to control them, raising questions of risk, responsibility, and governance. This post discusses the challenge of data privacy from the oft forgotten lens of children as they increasingly participate in a data driven society at younger.. Read More

Post-GDPR: Will the U.S. Implement a Comprehensive Data Privacy Law?

On May 25, 2018, the European Union began to enforce its General Data Protection Regulation (GDPR), which aims to comprehensively protect data privacy by addressing how companies collect, store, and process personal data. The GDPR was adopted by the European Parliament and European Council in April 2016, following over four years of discussions regarding how to structure the complex law. The two-year delay in enforcement was primarily to allow businesses time to comply.. Read More

Enhancement or Replacement: The Advent of AI and the Future of the Legal Field

Artificial Intelligence (AI) is a broad term, used to describe how computers can mimic certain operations of the human mind. Upon hearing the term, many people had vaguely pictured sci-fi inspired images of machine-ruled futures and humanoid robots. As Google DeepMind’s AlphaGo program triumphed against South Korean Go grandmaster Lee Sedol in 2016, however, the neutral networks and machine learning techniques of AI were brought into public attention. A “neural network” is a.. Read More

Star Athletica and the Future of Design Litigation

For decades, the fashion industry has gone without the rigorous copyright protections that other creative industries have enjoyed. That may be rapidly changing. Historically, copyright law has provided little protection to clothing designs. This has led to a thriving, and perfectly legal, market for knock-offs. This is because unlike paintings, movies, songs, or sculptures, clothing designs have long been considered too utilitarian to fit naturally under copyright law – a legal regime built.. Read More

Serova v. Sony Music Entertainment: Anti-SLAPP Motions and Unfair Competition Law

On August 30, 2018, Sony Music Group (Sony) and Michael Jackson’s estate (Estate) were handed a big win against a class of consumers who had purchased Michael Jackson’s posthumous self-titled album and filed suit against the label and Estate under California’s Unfair Competition Law (“UCL”). The Court of Appeal of California ruled Sony and the Estate’s anti-SLAPP motion to strike was improperly denied by the trial court. (Serova v. Sony Music Entm’t, 26.. Read More

Palin v. New York Times Company: A Potential Change to Defamation Law and Freedom of the Press

The Supreme Court has consistently recognized a profound national commitment to a free press and the “principle that debate on public issues should be uninhibited, robust, and wide-open.” New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964). Nevertheless, the freedom of the press is subject to certain restrictions, including, notably, defamation law. A recent federal defamation suit filed by Sarah Palin against The New York Times in June 2017, Palin v… Read More