Author: William Weingarten

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Over the last decade, commercial litigation funding has become an essential tool for plaintiffs to pursue meritorious legal claims.[1] Litigation funding is when a third party, typically an investor and non-party to the suit, provides cash in the form of a nonrecourse loan for a share of the proceeds recovered from resolving the dispute.[2] While most lawyers believe that litigation funders enable plaintiffs with meritorious legal claims access to justice, some remain skeptical.[3] Skeptics raise concerns about plaintiffs losing control of the litigation, leaking sensitive information, complicating otherwise simple suits, and funders taking advantage of plaintiffs.[4] Litigation funding can generally…

On September 13, 2023, Stoner Cats, the popular animated series centered around five cannabis-loving cats, voiced by an A-list cast of celebrities, became the latest digital asset company targeted by the Securities and Exchange Commission (“S.E.C.”) for allegedly offering unregistered securities.[1] In its Press Release, the S.E.C. charged Stoner Cats 2 L.L.C. (“SC2”) for allegedly offering unregistered digital asset securities as non-fungible tokens (“NFTs”).[2] While SC2 did not admit any guilt regarding the S.E.C.’s order, it agreed to pay a one-million-dollar fine and destroy all NFTs in its possession.[3] In 2021, SC2 raised over eight million dollars when it sold…

After five months of intense negotiation, a tentative agreement between entertainment companies and the unions representing film and television writers marked the end of the first work stoppage in Hollywood in over a decade.[1] The strike began on May 2, 2023, and came to an end on September 24, 2023, spanning a lengthy five months. Terms and Implications Perhaps the most interesting aspect of the new contract are the limits placed on the use of artificial intelligence (AI). Many industries are experiencing concern over the potential implications of AI use in the workforce and the effects it may have on…

The United States spends more on healthcare than any other country.[1] In 2021, health spending per person in the United States was nearly twice that of the next highest country.[2] A significant driver of health spending in the United States is the astronomical price of pharmaceutical drugs.[3] On average, prescription drug prices are 2.56 times higher in the United States than in other high-income nations.[4] Historically, pharmaceutical companies, providers, and insurers have negotiated drug prices behind closed doors. In August of 2022, Congress passed the Inflation Reduction Act (the “Act”), which includes the Medicare Drug Price Negotiation Program (the “Program”),…

Millions of people pay income taxes every year. But what would happen if instead of only being taxed on realized income, corporations and individual taxpayers also were taxed on unrealized income?[1] The implication of this question is one of the main issues being presented in the pending Supreme Court case, Moore v. United States.[2] In Moore v. United States, Mr. and Mrs. Moore, an American couple, invested in a foreign corporation in India and received stock which amounted to about 11% of the corporation.[3] However, they never received any dividends or earnings from their investment, meaning that they never received…

New York is slated to join the growing movement against non-compete agreements.[1] On June 20, 2023, the New York State Assembly passed A1278B, amending the state’s current labor law to prohibit non-compete agreements for workers.[2] The bill comes in the wake of the Federal Trade Commission’s proposal for a nationwide ban on non-competes.[3] The rule would designate all non-competes as unfair competition, thus violating Section Five of the Federal Trade Commission Act.[4] Such a prohibition would have widespread effects, impacting approximately 30 million Americans and increasing wages by nearly $300 billion annually.[5] While a vote on a nationwide ban is not…

On Tuesday, September 19, 2023, Amelia Martella, Executive Director of the Fordham Corporate Law Center, hosted a webinar panel where presenters Anna Pinedo and Matthew Bisanz, both partners at Mayer Brown LLP, as well as Professor Richard Squire, Alpin J. Cameron Chair in Law, discussed the new Basel III Endgame capital requirements and long-term debt proposals that were released earlier this year by the Federal Reserve and Federal Deposit Insurance Corporation (FDIC).[1] The presenters considered what prompted these stricter banking regulations, what they entail, and how they will likely impact the banking sector and world economy. This discussion comes hot…