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Author: Bradley Puffenbarger

Fashion Designers Prematurely Cheer for Varsity Brands Case

Posted on August 9, 2017 by Bradley Puffenbarger

On March 22, 2017, the Supreme Court decided Star Athletica, LLC v. Varsity Brands, Inc. 1 The Court’s 6-2 majority held that the pictorial and graphic designs on Varsity Brands’ cheerleading uniforms were separable from the uniforms’ utilitarian functions, and therefore eligible for copyright protection.2 While many commentators are touting this decision as a big…

German Prosecutor’s Raid Weakens DOJ Bargaining Power

Posted on August 7, 2017 by Bradley Puffenbarger

Sally Yates, the former Deputy Attorney General, released a memorandum on September 9, 2015, known as the “Yates Memo.”1 The Yates Memorandum made fighting corporate fraud—specifically, targeting individual, executive bad actors—a top priority for the United States Department of Justice’s (DOJ) criminal division.2 As a result, large international corporations have increasingly hired third-party law firms…

Supreme Court Blow to Internet Based Transmission Startups

Posted on February 16, 2017 by Bradley Puffenbarger

Contrary to popular belief, Copyright law’s main objective is not to protect the economic interest of copyright holders.1 Instead, the primary purpose of copyright law is to promote the expansion and dissemination of the “useful Arts.”2 The Supreme Court’s realist decision in ABC, Inc. v. Aero muddles the goal of Copyright by placing profits over…

The Foreign Account Tax Compliance Act (FACTA) – America’s New Age Big Stick

Posted on October 24, 2016 by Bradley Puffenbarger

It is estimated that the United States suffers a revenue loss of approximately $100 billion per year from offshore tax evasion.1 In 2007, U.S. Department of Justice officials uncovered a $20 billion tax evasion scandal masterminded by the Swiss bank, UBS.2 The UBS scandal catapulted into the national spotlight the systematic processes used by foreign…

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