January 11, 2013 · 8:52 am

Volume 14-2 Table of Contents

THE “NOT SO” FAIR CREDIT REPORTING ACT: FEDERAL PREEMPTION, INJUNCTIVE RELIEF, AND THE NEED TO RETURN REMEDIES FOR COMMON LAW DEFAMATION TO THE STATES
Meredith Schramm-Strosser

THE IMPORTANCE OF CORPORATE GOVERNANCE FOR A WELL FUNCTIONING FINANCIAL SYSTEM: REFORMING CORPORATE GOVERNANCE IN DEVELOPING COUNTRIES
Dr. Ozden Deniz

COPYRIGHT AND KRYPTONITE: THE FAILINGS OF INTELLECTUAL PROPERTY LAW THROUGH THE EYES OF SUPERMAN
Jesse J. Krueger

THE GREEK DEBT CRISIS: THE WEAKNESSES OF AN ECONOMIC AND MONETARY UNION
Lauren Macias

CORPORATE LEADERSHIP AND THE UNFINISHED DIVERSITY MOVEMENT
Evan Roberts

THE THIRD CIRCUIT’S APPROACH TO THE IMPACT OF THE DISCLOSURE OF PRIVILEGED MATERIAL AS IT PERTAINS TO DISCOVERY REQUESTS PURSUANT TO LITIGATION IN A FOREIGN TRIBUNAL: IN RE APPLICATION OF CHEVRON CORPORATION, ET. AL. V. JOSEPH C. KOHN, ESQUIRE, ET. AL.
James Doring

CLEAR AND CONVINCING EVIDENCE AS PROPER STANDARD OF PROOF FOR A PATENT INVALIDITY DEFENSE UNDER § 282 OF THE PATENT ACT OF 1952: MICROSOFT CORP. V. I4I LTD. PARTN.
Meredith Norris

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January 10, 2013 · 6:57 pm

THE “NOT SO” FAIR CREDIT REPORTING ACT: FEDERAL PREEMPTION, INJUNCTIVE RELIEF, AND THE NEED TO RETURN REMEDIES FOR COMMON LAW DEFAMATION TO THE STATES

MEREDITH SCHRAMM-STROSSER

This Comment advocates that Congress clarify, and ultimately modify, the FRCA’s preemptive qualities to allow individuals to seek equitable relief under state common law to enjoin CRAs from republishing false and defamatory information.  This clarification will allow consumers to seek the full spectrum of common law remedies for an action against a CRA pursuant to § 1681h(e) of the FCRA.  Part I discusses the historical relationship between consumer reports and the common law tort of defamation.  Part II discusses the FCRA’s passage and current efficacy of its remedial provisions.  Part III discusses the three types of federal preemption authorized by the Supreme Court of the United States and then addresses how the federal courts have interpreted the FCRA under these preemption guidelines.  Part IV explains how allowing injunctive relief for common law defamation within the FCRA regulatory framework would provide consumers the much needed relief they need and why Congress should remove the provisions of the FCRA that currently preempt state courts from granting consumers equitable relief against CRAs.
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· 6:57 pm

THE IMPORTANCE OF CORPORATE GOVERNANCE FOR A WELL FUNCTIONING FINANCIAL SYSTEM: REFORMING CORPORATE GOVERNANCE IN DEVELOPING COUNTRIES

DR. OZDEN DENIZ

This article discusses the importance of sound corporate governance and a proper investor protection framework for a well-functioning financial system.  This article further discusses the reasons why corporate governance has received more attention recently and addresses the challenges faced by developing countries in reforming their corporate governance systems.
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· 6:56 pm

COPYRIGHT AND KRYPTONITE: THE FAILINGS OF INTELLECTUAL PROPERTY LAW THROUGH THE EYES OF SUPERMAN

JESSE J. KRUEGER

This Comment will examine the history of the litigation surrounding Superman in conjunction with an analysis of ever-evolving American copyright law.  Specifically, it will seek to illuminate the inadequacy of current copyright law in regards to graphic characters, and explain how various provisions of the different iterations of the Copyright Act work counter to each other and undermine the intent of American laws regarding certain types of intellectual property.
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· 6:55 pm

THE GREEK DEBT CRISIS: THE WEAKNESSES OF AN ECONOMIC AND MONETARY UNION

LAUREN MACIAS

Throughout the 20th century and into the 21st, the world has seen a surge in globalized business practices, which has inevitably led to the increased interest of countries in foreign affairs.  Today, every country, including the United States, is in some shape or form reliant on another.  The interconnectedness and interdependence of the world’s economies has led to one inescapable conclusion: that no one country can afford to ignore the happenings of another.  For this reason, the massive debt crisis which has engulfed all of Greece (the “Greek Debt Crisis”) has threatened the stability of the euro in not just the Eurozone, but the entire European Union.  This in turn poses an indirect threat to the United States, which has significant ties to Germany, Great Britain, France, and Spain.  As such, we as Americans cannot afford to ignore such a crisis, even if it is half a world away.
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· 6:42 pm

CORPORATE LEADERSHIP AND THE UNFINISHED DIVERSITY MOVEMENT

EVAN ROBERTS

Successful corporations today should have directors, officers, and managers who come from a broad set of backgrounds.  Despite substantial research indicating that diversity at the board level can benefit shareholders, employees, and other constituents of a firm, efforts on the part of corporations to increase board diversity are woefully inadequate and are occurring at slow enough rates to stifle corporate growth and success.  Both racial minorities and women remain greatly underrepresented relative to the white male majority and their own numbers in society at large.
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· 6:41 pm

THE THIRD CIRCUIT’S APPROACH TO THE IMPACT OF THE DISCLOSURE OF PRIVILEGED MATERIAL AS IT PERTAINS TO DISCOVERY REQUESTS PURSUANT TO LITIGATION IN A FOREIGN TRIBUNAL: IN RE APPLICATION OF CHEVRON CORPORATION, ET. AL. V. JOSEPH C. KOHN, ESQUIRE, ET. AL.

JAMES DORING

In In re Chevron Corp., the United States Court of Appeals for the Third Circuit held that the disclosure of the outtakes of Crude, a documentary about the ongoing litigation between Chevron and Ecuador, did not waive the attorney-client privilege attached to related, but undisclosed, documents and therefore rejected Chevron’s 28 U.S.C. § 1782 application to compel production.  This case note will examine the history of § 1782, as well as the attorney-client privilege, disclosure, and waiver rules as they apply to the Third Circuit.  In addition, this note will analyze the significance of the holding as it applies to Chevron’s strategies, and it will extrapolate fundamental implications for businesses involved in similar complex litigation.
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· 6:41 pm

CLEAR AND CONVINCING EVIDENCE AS PROPER STANDARD OF PROOF FOR A PATENT INVALIDITY DEFENSE UNDER § 282 OF THE PATENT ACT OF 1952: MICROSOFT CORP. V. I4I LTD. PARTN.

MEREDITH NORRIS

In June 2011 the United States Supreme Court upheld over a century’s worth of case law concerning the presumption of patent validity, when it adopted the United States Court of Appeals for the Federal Circuit’s holding regarding the proper standard of proof for a patent invalidity defense under § 282 of the Patent Act of 1952 (“§ 282”).  Previously, the federal circuit courts were split concerning the appropriate standard of proof for a patent invalidity defense.  It wasn’t until Microsoft Corp. v. i4i Ltd. Partn., that the Supreme Court established clear and convincing evidence as the proper standard.
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August 5, 2012 · 3:26 pm

FOREIGN CORRUPTION BY PAYMENT OF LEGAL BILLS: GUIDANCE ON PROACTIVE DETECTION OF FCPA VIOLATIONS VIA PAYMENTS TO OUTSIDE LEGAL COUNSEL

ZACHARY D. CREGAR, ESQ.

This article will highlight the unique risks of foreign bribes dis-guised as legitimate payment of legal bills to outside counsel, in viola-tion of the Foreign Corrupt Practices Act.
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· 3:24 pm

THE UNITED STATES SUPREME COURT GIVES A BROAD INTERPRETATION TO THE ANTI-RETALIATION PROVISION OF THE FAIR LABOR STANDARDS ACT OF 1938 BY RULING THAT THE PROVISION INCLUDES BOTH WRITTEN AND ORAL COMPLAINTS, BUT DECLINED TO RULE ON WHETHER THE PROVISION COVERS INTERNAL COMPLAINTS MADE TO PRIVATE EMPLOYERS: KASTEN V. SAINT-GOBAIN PERFORMANCE PLASTICS CORP.

JORIE BAGNATO

In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court gave a broad interpretation to the anti-retaliation provision of the Fair Labor Standards Act of 19381 (herein-after referred to as the “Act”) by ruling that the provision punishing employers who discharge employees for filing complaints includes both written and oral complaints. The Court, however, declined to rule on whether that provision strictly covers complaints made to judi-cial or administrative bodies, or if internal complaints made to private employers are also covered under the Act.
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