23andMe: Regulating the Snake Oil Salesman

Crowds would gather when the snake oil salesman came around.1 His magical elixir could cure many ailments, from headaches to kidney problems.2 Before anyone realized that the cure-all was nothing more than mineral oil, the peddler was long gone with their money.3, 4 One of the more famous snake oil salesmen, Clark Stanley, made quite a name for himself in the early 20th century – enough to attract the government’s attention.5 In 1917, federal investigators seized his product, and upon finding that it was not what it claimed to be, Stanley was fined under the Pure Food and Drug Act.6 When the government exercised this FDA-precursor’s power, snake oil sales likely took a turn for the worse.7

The FDA is still cracking down on what it deems to be “snake oil salesmen” in the modern day. Most recently, the FDA has brought this charge … Read the rest

The Consequences of the Death of Net Neutrality

It’s inarguable that one of the greatest features of the internet is sheer freedom. Aside from a few highly regulated and illegal activities, every user is free to have a certain degree of anonymity and autonomy. However, internet service providers (ISPs) have been looking to crack down on certain types of users – those that use up more bandwidth than average. To further this end, AT&T has filed a new patent for “Prevention of Bandwidth Abuse of a Communications System”.[1] But is this really just an attempt to go after torrenters, file sharers and pirates, or is there a further motive here? And even if AT&T is being honest with whom it wishes to restrict, is this a symptom of a greater issue?

AT&T has been looking into different ways to reduce bandwidth congestion and increase profits. Take, for instance, the Sponsor program which allows companies to pay AT&T … Read the rest

Gossip in the Workplace: A Right or Privilege?

On November 28, 2013, Joslyn Henderson filed a complaint against her former employer, Laurus Technical Institute (Laurus), with the NLRB’s Regional Office in Atlanta.[1] The complaint alleged that Laurus violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by “maintaining and enforcing an overly broad ‘No Gossip Policy,’ and by suspending and terminating the charging party for violating the ‘No Gossip Policy’ and engaging in protected, concerted activities.” [2] As expected, Laurus filed a timely answer effectively denying any and all unlawful conduct.[3] The legal issue presented in this case was whether or not an employer can implement a workplace policy effectively prohibiting all communication between employees that the employer deems to be “gossip” or not contributing to workplace productivity.

 

Laurus operates a private, for-profit technical school with three campuses in Georgia: Decatur, Jonesboro and Atlanta.[4] Henderson worked as an admissions representative at Laurus’ Decatur Read the rest

Go U, NU(nionize): Are College Football Players Student-Athletes or Student-Employees?

On January 28, 2014, the National College Players Association, on behalf of a group of Northwestern University football players, filed a petition with the National Labor Relations Board (“NLRB”) seeking to form a union.  While the college pay-for-play debate is well documented, a request for union representation by such athletes is unprecedented.  There is no denying that collegiate athletics, with its TV revenue, licensing fees, merchandising, and ticket sales, has become a multi-billion-dollar industry.  However, NU players claim that their central concerns are related to health, education, and other basic rights, not salaries – at least not yet.  In an official statement released by Northwestern, the University has taken the position that, while it is “proud of [its] students for raising these issues,” not only are student-athletes students, not employees, collective bargaining would “not advance the discussion” of relevant topics.  If college football players get recruited, much like Read the rest

Apple v. Samsung: Tech Trial of the Century

Smart phones and tablet computers are the central focus of the famous legal dispute between technology moguls, Apple and Samsung. In a nutshell, Apple alleged that Samsung copied the look and design of their cell phone and tablet products. On April 15, 2011, Apple filed suit against Samsung alleging infringement on three of Apple’s utility patents and four of their design patents. Apple also alleged that Samsung infringed on their trademark and trade dress by intentionally implementing them into their product line.[1]  Apple accused Samsung of creating 28 devices which infringed on their intellectual property.[2]  Apple was most adamant about its design patent for a “rectangular slab with rounded corners [i.e., the iPhone],” which they claim Samsung used in a number of their cell phone designs.[3]   Meanwhile, Samsung filed a counter claim alleging that Apple infringed on their patents for wireless communications Read the rest

Would You Invest In Richard Sherman?

 

After a hard fought NFC Championship game, Seattle Seahawks cornerback, Richard Sherman, used his postgame interview to let viewers know that he deserved recognition.[1]   Consequently, sports commentators had a field day breaking down every Sherman action in effort to determine the “motivation” for his postgame rant.[2] Some suggested that Sherman has been an underappreciated player throughout his career and he just wanted the recognition he felt he rightly deserved.[3] Well, thanks to Fantex Brokerage Services, Sherman and other under-appreciated players can put their money where their mouth is![4]

 

Fantex Brokerage Services developed a plan to partner with professional athletes in order to set up Initial Public Offerings (IPOs).[5] The company initiated deals with Arian Foster and Vernon Davis where each player would have been offered upfront payments in exchange for a percentage of their future earnings.[6] Unfortunately, both Foster and Read the rest