Marketers are guided by a longstanding mantra: Consumers preferences are king. In many ways, to be the best marketer is to create products and services that are directly aligned with consumer preferences. This paper focuses on the potential ethical issues associated with blindly catering to...

Corporations, partnerships, and all other business organizations cannot appear pro se in either criminal or civil proceedings. Business organizations must use a hired lawyer to defend lawsuits. This arbitrary and outdated rule has not been revisited in over 150 years. This Article is the first...

Litigation finance is quickly becoming a centerpiece of our legal system. Once a dispute arises, litigants may seek money from third-party financiers to pay their legal bills or monetize their claims, and in turn those financiers receive a portion of any case proceeds. Yet policymakers are...

The chilling effect — historically associated with protecting First Amendment rights — has more recently become a tool used to argue against social media platform (e.g., Facebook, Twitter) policies of restricting content. The 70-year-old principle invalidates regulations if censoring the...

Brands are widely regarded as a constellation of shared associations surrounding a company and its offerings. On the traditional view of brands, these associations are regarded as perceptions and attitudes in consumers’ minds in relation to a company. We argue that this traditional framing of...

Patent and false advertising damage awards are in disarray. Courts are imposing astronomically inflated awards that overcompensate companies for the infringement or deceptive practices. The culprit is the Choice Based Conjoint method—a survey based statistical method which seeks to estimate...

Copyright law seeks to encourage creativity and the creation of new works of authorship. To facilitate this creativity, the law allows authors to utilize portions of preexisting copyrighted materials when the new use survives a “fair use” analysis. In adjudicating the fair use question,...

Depending on who you ask, corporate compliance is either the most valuable initiative a company can invest in, or simply a type of insurance policy purchased to avoid legal liability. This divergence is problematic because it leaves the compliance community—companies, regulators, compliance...

Brands are widely regarded as a constellation of shared associations surrounding a company and its offerings. On the traditional view of brands, these associations are regarded as perceptions and attitudes in consumers’ minds in relation to a company. We argue that this traditional framing of...