By: Vincenzo Granatelli* PDF Available Each year, more than 2,000,000 corporations and limited liability companies (“LLC(s)”) are established in the United States in accordance with their respective state laws.[1] Typically, entrepreneurs and business owners opt to establish their corporations or LLCs within their home state to avoid drudgery of the extensive research needed to find the most advantageous location or because it genuinely offers the best conditions for their business endeavors.[2] However, more experienced business founders, aiming to benefit from states with business ..read more

By: Emily Robinette* PDF Available Last summer, new legislation establishing workers’ rights to accommodation for pregnancy, childbirth, and other related medical conditions came into effect under the Pregnant Workers Fairness Act (PWFA).[1] This piece of federal legislation aims to ensure employers provide reasonable accommodations for employees facing known limitations due to their condition.[2] By ensuring the American Disabilities Act (ADA) covered employers are also beholden to the PWFA, Congress sought to close the gap in accommodations relating to pregnant workers who need som ..read more

By: Alyson Rish* PDF Available On March 21, 2024, the United States Department of Justice (DOJ) and 16 other state and district attorneys general filed an antitrust lawsuit in the United States District Court for the District of New Jersey against the popular smartphone manufacturer, Apple.[1] Plaintiffs allege that Apple has monopolized the smartphone market in violation of Section 2 of the Sherman Act.[2] The DOJ maintains that “Apple undermines apps, products, and services that would otherwise make users less reliant on the iPhone, promote interoperability, and lower costs for con ..read more

By: Kevin Garcia* PDF Available “Human cockfighting” is how the late John McCain described the sport of mixed martial arts, or “MMA,” in 1996.[1] At that time, MMA was still in its infancy. Just three years prior, the Ultimate Fighting Championship (“UFC”) had held its first event—a tournament consisting of fights between practitioners of various martial arts disciplines from around the world.[2] Even if the public were intrigued by the new sport, state governments were immediately hostile, and a lengthy struggle to legalize MMA ensued. Over time, however, state athletic commissions ..read more

By: Victoria Lioliou** PDF Available Delaware’s corporate governance jurisprudence has historically accorded substantial deference to the business judgments of corporate directors.[1] Underpinning this deferential treatment is Delaware’s well-established business judgment rule, a common-law standard of review that acknowledges directors’ statutory authority to manage a corporation.[2] In light of this authority, courts applying the business judgment rule presume that corporate directors have acted in accordance with their fiduciary duties in rendering business decisions.[3] A sh ..read more

By: Tian Yue Ma* PDF Available You and your friends are excitedly planning out your long-awaited weekend getaway in New York, you start brainstorming what restaurants you want to hit up and what fun activities you want to take part in. All is going well until you start looking for an Airbnb that would be fitting for your desired location and price range. Bad news for you and friends because New York adopted the Short-Term Rental Registration Law, also known as Local Law 18, in January of 2022.[1] This law essentially mandates short-term rental owners to register with the Mayor’s Office of ..read more

By: Daniel Ambuul* PDF Available Schools require history courses, and many of those courses highlight foolish decisions which now seem quite preventable. Such decisions seem especially foolish when those in power made similar mistakes just years prior. Some Arizona business owners and politicians believe that Arizona is poised to make just that type of mistake regarding immigration. Arizona House Speaker Ben Toma introduced a new measure, H.C.R. 2060 which requires “state, county, and municipal governments to use the federal E-Verify system to check the immigration status of anyone who applies ..read more

By: Scott Tillinghast* PDF Available Next Wednesday, February 21st, the Supreme Court will hear oral arguments surrounding the Good Neighbor Plan, a 2023 final rule published by the Environmental Protection Agency (EPA) for the National Ambient Air Quality Standard (NAAQS) for ozone.[1] The Clean Air Act (CAA) requires the EPA to issue NAAQS for several air pollutants, including ozone, to limit the release of these pollutants into the ambient air in each state.[2] The “Good Neighbor” provision of the Clean Air Act requires upwind states to ensure that their ambient air emissions do n ..read more

By: Isaac Salem* PDF Available In a significant move towards tightening regulation on nicotine products, Senate Majority Leader Chuck Schumer has proposed an investigation into Zyn, the increasingly popular nicotine pouches. This proposal comes at a time when the U.S. Food and Drug Administration (FDA) has been granted new powers to regulate nicotine from any source, including synthetic variants. This article examines the facts surrounding Schumer’s initiative, the FDA’s expanded regulatory framework, prior regulatory efforts against nicotine products, and the potential economic impact on the ..read more

By: Adam Bixby* PDF Available It may be hard to imagine that just six months ago today, the last embers of the Maui wildfires were still being put out.[1] News correspondents were in shock of the destruction and chaos that was left in the wake of this natural disaster. But while the headlines of the news cycle have moved on from Maui, the consequences of this wildfire and the need of local residents to rebuild have not. Litigation in the courts over who is to blame and how compensation will be doled out is still going on and likely to grind forward at a slow pace.  The Maui wildfires ..read more