The not-so-recent shift to the digital environment has attracted new groups of miscreants: hackers that steal money in cyberspace, and companies that deceive consumers and investors by manipulating pricing systems that lack transparency. Both groups use digital fraud to their advantage. Digital fraud is caused by both external and internal sources: External fraud is often based on the exploitation of…
In one of few recent victories for Title IX plaintiffs, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit Court ruled in favor of four student athletes at James Campbell High School. The Ninth Circuit held that the district court erred in rejecting the plaintiffs’ request for class certification on their Title IX retaliation claims. A.…
Twitter’s latest earnings release revealed that the company overcounted its user accounts by nearly 2 million each quarter for the past three years. Twitter explained it as an internal error due to the company counting multiple accounts linked to a single user as active. In other words, Twitter counted the single user with multiple accounts as separate monetizable active users.…
In 2016, one of the authors of this post wrote a piece entitled “The ‘Tough Noogies’ Doctrine: Rights But No Remedies.” The article highlighted examples of then-recent Supreme Court cases denying clearly wronged individuals a remedy based on spurious reasoning. Last week’s Supreme Court decision in Cummings v. Premier Rehab Keller, P.L.L.C., 2022 WL 1243658 (Apr. 28, 2022) is a…
In recent years, corporations have been trying to get away with making more money while appearing to charge the same price. But you might not have noticed due to the subtlety of their tactics. Often, this can be as simple as reducing package sizes—for example, orange juice cartons have incrementally gone down from a full half-gallon (64 ounces) to 52…
The year 2022 is shaping up to be a pivotal one for thwarting the growing number of cybersecurity threats in the United States. On March 15, President Biden signed into law the “Strengthening American Cybersecurity Act.” The three-bill bipartisan package requires certain entities to report cybersecurity incidents to the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) within…
In the news lately, there have been reports of pension plans fighting back against investment advisers accused of breaching their duties of prudence and loyalty, in one case securing a settlement with their investment adviser for $642 million. In the public sector, at least 25 investor lawsuits, predominantly by U.S. public pension funds, including those for Arkansas teachers, New York…
How much is a tweet worth? How about Twitter CEO Jack Dorsey’s first tweet, a 2008 post reading, “just setting up my Twitter”? For Sina Estavi, the man who now owns the tweet, the digital post is worth upwards of $2 million. This ability to purchase digital content – non-fungible tokens (NFT) – is relatively new. According to CNN, an…
Shortly after viewers watched the Netflix series Squid Game, where contestants participated in a deadly, rigged contest for millions of dollars, real-life investors lost millions by investing in a fraudulent crypto token of the same name—SQUID. Anonymous creators promised to create a crypto “play-to-earn” platform whereby people could virtually participate in the squid games. However, instead of building the game,…
Attorneys at along with many other commentators (and, unfortunately, a number of forceful judicial dissents), have written extensively about how arbitration has been distorted and manipulated to deprive employees and other individuals of their legal rights and remedies and prevent them from holding companies fully accountable for unlawful conduct. Now, after years of stalled efforts in Congress, H.R. 4445 represents…