VOLUME 16-1 TABLE OF CONTENTS

NOT ALL THAT GLITTERS IS GOLD – LIMITATIONS ON EQUITY CROWDFUNDING REGULATIONS
Jamie Hopkins, Esq. and Katie Hopkins

THE CROWDFUNDING ACT: A NEW FRONTIER
Lindsay Sherwood Fouse

A PLAGUE OF LOCUSTS: THE JOBS ACT AS FOE MORE THAN FRIEND
Amy Coleman

CASE NOTES
COMCAST V. BEHREND: THE CLASS ACTION CHANNEL IS STILL SCRAMBLED
Joseph Krebs

COMMENTS
CONSUMER ARBITRATION AGREMENTS AND COLLECTIVE ACTION WAIVERS: WHY THE SUPREME COURT’S DEFENSE OF ARBITRATION HAS GONE TOO FAR
Alexander C. Hyder

‘WORKING FROM HOME’ OR ‘SHIRKING FROM HOME’: McMILLAN V. CITY OF NEW YORK’S EFFECT ON THE ADA
Mary Hancock

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NOT ALL THAT GLITTERS IS GOLD – LIMITATIONS OF EQUITY CROWDFUNDING REGULATIONS

JAMIE HOPKINS AND KATIE HOPKINS

Many startup companies have aspirations of being a Fortune 500 company, but without adequate access to funding many companies will neither maximize their potential nor meet their business objectives. The World Bank publishes an annual report on conducting business throughout the world, stating which countries are best for starting a new business.  One of the major factors in the World Bank’s ranking of ease of doing business is the ease and reliability of getting credit and access to funding.

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THE CROWDFUNDING ACT: A NEW FRONTIER

LINDSAY SHERWOOD FOUSE

At a time when stagnant economic growth and persistent unemployment seem to be the new normal for the United States, equity crowdfunding has been offered as a potential panacea for many of today’s economic woes. Crowdfunding has garnered
support from leading academic and business minds, and perhaps more surprisingly, from politicians and bureaucrats on both sides of the aisle.

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A PLAGUE OF LOCUSTS: THE JOBS ACT AS FOE MORE THAN FRIEND

AMY COLEMAN

Securities Law – The Jumpstart Our Businesses Startups Act–Emerging Growth Companies– The Act’s deregulation of a heavily regulated stock market flies in the face of the historical importance of disclosure in Securities Regulation and the potential dangers may be displayed in a case analysis of the Initial Public Offerings of Facebook, Inc. and Twitter, Inc.

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COMCAST V. BEHREND: THE CLASS ACTION CHANNEL IS STILL SCRAMBLED

JOSEPH KREBS

CLASS ACTION – FRCP RULE 23 – CLASS CERTIFICATION – The United States Supreme Court in recent years has placed a significant number of hurdles in the path of plaintiff’s looking to certify their claims as class actions.  While the Court’s latest decision further erodes the plaintiff’s ability to gain certification, a significant number of questions have been left unanswered and a considerable amount of judicial refinement is going to be necessary before it can be determined if class actions remain a viable form of litigation. – Comcast Corp v. Behrend, 133 S. Ct. 1426 (U.S. 2013).

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CONSUMER ARBITRATION AGREEMENTS AND COLLECTIVE ACTION WAIVERS: WHY THE SUPREME COURT’S DEFENSE OF ARBITRATION HAS GONE TOO FAR

ALEXANDER HYDER

ABRITRATION AGREEMENTS – COLLECTIVE ACTION WAIVERS –FEDERAL ARBITRATION ACT –Over the last two decades, the Supreme Court of the United States has been attempting to shrink lower court dockets with decisions both protecting and promoting the use of arbitration.  What seems commendable in the abstract, however, has come at a steep price in reality.  Consumers and other small-dollar claimants are kept from effectively vindicating their rights under consumer and anti-trust law, thereby permitting injurious conduct to go undeterred, unnoticed, and unsettled.  The problem appears to have climaxed following the Court’s decision in American Express Co. v. Italian Colors Restaurant, in which the Court cemented the enforceability of arbitration clauses with collective action waivers once held to be unconscionable under state contract law.  These provisions, increasingly found in standard form adhesion contracts, bind parties of grossly unequal bargaining power to bilateral arbitration without the ability of cost sharing, collaboration, or class actions.  In effect, these provisions operate to immunize the larger drafting party from liability for violations of consumer and anti-trust law.  This paper explores the underlying cause of the issue, as well as the effects of the Court’s jurisprudence on both corporations and would be claimants.   It also analyzes the diminished, if not eviscerated, ability to privately enforce consumer and anti-trust law, and explores who is in the best position to fill the enforcement void left by the now powerless private actor.

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‘WORKING FROM HOME’ OR ‘SHIRKING FROM HOME’: MCMILLAN V. CITY OF NEW YORK’S EFFECT ON THE ADA

MARY HANCOCK

Americans with Disabilities Act – Largely due to the rise of the technology era, the employment landscape across the United States has dramatically changed through past decades. Congress has provided little guidance to courts who are struggling to apply antiquated case law to cutting edge technology.  The Americans with Disabilities Act of 1990 is one of many Congressional enactments undergoing change through the removal of employment presumptions of the past.   The decision in McMillan v. City of New York, 711 F.3d 120 (2d Cir. 2013), is one example of this change.  The Second Circuit expressly declined to follow the presumption that physical presence is a requisite of virtually all employment.

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Volume 15.2 Table of Contents

ANOTHER POTENTIAL CAPITAL GAIN: CAN AN EXCHANGE OF CONDOMINIUM UNITS FOR COOPERATIVE APARTMENTS QUALIFY AS A SECTION 1031 LIKE-KIND EXCHANGE?>
Dr. Valeriya Avdeev

THE STOCK ACT: IS IT NECESSARY AND IF SO IS IT A SUFFICIENT SOLUTION?
Joshua Michael Brick

SEXUAL HARASSMENT IN THE WORKPLACE: HURDLES OF A MODERN “ROSIE THE RIVETER”
Maggie M. Lewis

PA LAW FAVORS GAS & OIL COMPANIES “IN PAYING QUANTITIES”
Amy Coleman

THE THIRD CIRCUIT ENUNCIATES A NEW TEST FOR DETERMINING JOINT EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT IN IN RE ENTERPRISE RENT-A-CAR WAGE & EMPLOYMENT PRACTICES LITIGATION
Lindsay Kreppel

THE PENNSYLVANIA RACE HORSE DEVELOPMENT AND GAMING ACT AND ITS GOVERNING COMMITTEE, THE PENNSYLVANIA GAMING CONTROL BOARD: MASON-DIXON RESORTS, L.P. V. THE PENNSYLVANIA GAMING CONTROL BD.
Katie Pakler

THE “RULE OF REASON” PREFERRED TO “SCOPE OF PATENT” ANALYSIS WHEN DETERMINING WHETHER A REVERSE PAYMENT IS LEGAL IN THE THIRD CIRCUIT: IN RE K DUR ANTITRUST LITIGATION
Linda M. Postol

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ANOTHER POTENTIAL CAPITAL GAIN: CAN AN EXCHANGE OF CONDOMINIUM UNITS FOR COOPERATIVE APARTMENTS QUALIFY AS A SECTION 1031 LIKE-KIND EXCHANGE?

DR. VALERIYA AVDEEV

Consider the following hypothetical: A sole owner and member of a New York Limited Liability Company (LLC) contemplates an exchange of five condominium units and some monetary consideration for three cooperative apartments. All of the properties are located in the improving neighborhoods of New York City. The LLC has been renting all of the condominium units to tenants on short-term leases, fully furnished. Furthermore, LLC owns all of the condominium units free and clear of debt.  Recently however, the owner of the LLC became concerned about the financial stability of the condominium units, yet does not wish to sell the units in a taxable transaction.  Continue Reading…

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THE STOCK ACT: IS IT NECESSARY AND IF SO IS IT A SUFFICIENT SOLUTION?

JOSHUA MICHAEL BRICK

The original version of the Stop Trading on Congressional Knowledge Act (hereinafter “the STOCK Act”) was introduced by U.S. Representatives Louise Slaughter (D-N.Y.) (hereinafter “Representative Slaughter”) and Brian Baird (D-Wash.) (hereinafter “Representative Baird”) in the House of Representatives on March 28, 2006.  Upon introducing the STOCK Act, Representative Slaughter explained that existing insider trading laws, did “not apply to nonpublic information about current or upcoming congressional activity.”Continue Reading…

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