Rope Snaps in NSA-Spying Tug of War

5/24/2105 ’Oh what a tangled web we weave, when first we practice to deceive.’ Sir Walter Scott could not have written a more apt fictional parable than the legislative mayhem occurring inside of the Capitol this past week regarding the immediate future of the controversial and secretive National Security Agency’s (NSA) spying program. As we


TPP: The China Question

5/21/2015 As the Trans-Pacific Partnership (TPP) “fast track” debate continues its push through the congressional gauntlet, my fellow colleague Jay and I have analyzed hundreds of texts and perspectives surrounding the trade deal. We have covered labor, patent and trademarks, mass-torts, environmental concerns, and the highly controversial Investor State Dispute Resolution (ISDS) system, and little


Will Baseball’s Antitrust Exemption Survive the Supreme Court?

5/20/2015 Baseball is a game of eternal youth, and nothing may be more evident of that than listening to 95 year-old retired Supreme Court Justice, John Paul Stevens talk passionately about the future course of the sport. In a May 15th speech in front of the Sports Lawyers Association in Baltimore, Justice Stevens recalled his




Assumption of Risk under the WPLA

Recovery under the WPLA requires proof that the unsafe product was the proximate cause of the claimant’s injuries. A plaintiff seeking to recover must also be aware of the common law defenses to what was the cause of injury because the WPLA does not preempt existing common law defenses, including assumption of risk. Although assumption


The Legal Ramifications of Self-Driving Cars Part Two: Liability

5/18/2015 As mentioned in my last post, Google has just launched the first self-driving car onto public roadways near its California headquarters. This comes after the company recently admitted to the vehicles being involved in 11 minor accidents, with no injuries and little damage during 6 years of testing. These revelations confirm many people’s concerns



TPP: Corporate Liability, Monsanto, and the Alien Tort Statute

5/15/2015 Now that the Trans-Pacific Partnership (TPP) has apparently survived a near coup d’etat led by Democratic Senators Harry Reid and Elizabeth Warren, pending a successful re-vote, the battle over the large-scale trade deal will soon be heading to the House of Representatives. The vote in the House may be even more troublesome for the


House Passes USA Freedom Act: all eyes on Senate’s McConnell

5/15/2015 Politics are getting a little weird these days. Fresh off of Tuesday’s stunning blockage and negotiated do-over on the Trans-Pacific Partnership (TPP), in which President Obama found himself supported by Republicans amid staunch opposition by his own party, the Republican-led House of Representatives overwhelmingly passed the USA Freedom Act by a 338-88 vote. The