By: Bryce Danielle Bradley As of January 2023, around two-hundred collectives have been formed around the country.[1] A collective is defined as an “organization formed to benefit student athletes, usually at a specific institution.”[2] Collectives are also described as a kind of talent agency.[3] Several collectives are run by wealthy entrepreneurs, lawyers and financial advisors who may be alumni of a school that is local to the collective.[4] Typically, alumni and supporters of a particular school will agree to combine funds and resources to establish a collective.[5] These collectives crea ..read more

By Nate Kelly: Seven years after Ripple Labs, Inc. first began to sell its digital asset XRP, the Securities and Exchange Commission (SEC) filed a Complaint against Ripple Labs, Inc. and its CEOs, accusing them of engaging in an unregistered securities offering through the sale of their digital asset, XRP.[1] The SEC alleged that Ripple had been selling XRP as a security without proper registration, violating Section 5 of the Securities Act of 1933.[2] The SEC sought injunctive relief, disgorgement with prejudgment interest, and civil penalties in its enforcement action, which did not involve ..read more

By Katelyn Murdock: As of April 2023, Netflix has over 400 original documentary films and series available for streaming.[1] Documentaries have been on the rise in popularity for a number of reasons, from sheer availability via streaming services to the improvement in quality over the last several years.[2] Despite the surge in Netflix’s, and other streaming services’, production of original documentaries, the business of documentary filmmaking is a risky one. Documentaries, while often containing original footage and other intellectual property materials, are comprised largely of the copyrigh ..read more

By Virginia Saylor: In March 2021, Twitter’s former CEO, Jack Dorsey, auctioned off a NFT of his first tweet for over $2.9 million, donating all proceeds to GiveDirectly—a charity giving cash to people living in poverty.[1] Although largely a new phenomenon at  the time, this method of fundraising with NFTs has taken off with the evolution of blockchain. To fundraise with NFTs, nonprofits generally partner with larger corporations, NFT creators, or crypto donation networks to hold charity auctions, and then receive the proceeds from the NFT sales.[2] For example, NFT creators started the ..read more

By Naudia O’Steen: What is the ‘Blue Pencil’ Doctrine? For transactional and litigation lawyers alike, a severability clause is key to any contract agreement. Typically, a severability clause states that if a term or provision of a contract is invalid, unenforceable, or illegal, only that term is void and the remaining contract is still valid.[1] Being able to strike out a single provision in a contract while still enforcing the remainder of the agreement is critical to honoring the agreements and intentions of the parties. A severability clause is now a standard must-have in all contractual a ..read more

By Caden Throneberry: I. Introduction Accountable Care Organizations (“ACOs”) participating in the Medicare Shared Savings Program (“MSSP”) raise antitrust concerns by their very nature. When physicians, hospitals, and other healthcare providers combine to deliver cost-effective, high-quality care, the potential for horizontal integration between competitors and an increase in concentrations of provider market power could lead to an increase in the cost of service. In anticipation of these concerns, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) released a Joint Sta ..read more

By Joe Butler: It is no secret that the health care sector continues to be the focus of significant legislative reform in the United States. Yet, in the face of regulation such as the Affordable Care Act, factors such as pricing, quality, and access continue to run rampant. To complicate matters further, with the exception of the last three years significantly impacted by the COVID-19 pandemic, the United States has also seen a recent rise in mergers and acquisitions in the health care sector.[1] Many of these mergers have received immense scrutiny from the Federal Trade Commission which has s ..read more

By Grayson Holmes: Part I: An LLC’s Guide to Purchasing Real Estate Investment Property in Tennessee This article presents general options for a hypothetical individual, attempting to operate under an LLC, starting in real estate investment in Tennessee and the relevant laws governing this type of venture. This individual is aware of the benefits of creating an LLC, such as privacy, limiting liability, and tax benefits.[1] But, this individual now faces the daunting task of following through with their plans… So, you’ve just formed your first LLC. You’ve filed your articles of incorporation wi ..read more

By Matthew Napolitano: As the anniversary of the European Super League approaches in April, we look back at how this new tournament threatened the structure of European Football and how organizations are using contracts to block future breakaway tournaments.  The European Super League was a new tournament proposed by twelve of the wealthiest clubs in Europe to replace the current Champions League.[1]  The structure of European Football is unlike that of American sports.[2]  European Football has a pyramid structure where a club’s success can result in being promot ..read more

By Katherine McGonigal: In September 2021, the social media platform TikTok, a site that allows users to post short content and videos that ranges from dancing to storytelling and everything in between, reached one billion users.[1]  And considering the potential to make hundreds of thousands of dollars a year for posting content on the app, including through a fund exclusively for content creators on TikTok – the “TikTok Creator Fund” – it’s no wonder that so many people are flocking to the social media source for their chance to become the next big celebrity.[2] However, as bu ..read more