Emory Law News Center

September 2016 In the News Archive | Emory University School of Law

Georgiev in NY Times: How clawbacks, materiality affect Wells Fargo

Georgiev in NY Times: How clawbacks, materiality affect Wells Fargo

Wells Fargo says it will recover $60 million in stock grants from two top executives in the wake of the phony account-opening scandal. It fired 5,300 employees for opening bogus accounts, returned $2.6 million in improper customer fees and paid a $185 million fine. Those figures pale, though, compared with Wells Fargo's $1.9 trillion in assets and $23 billion in earnings last year. "Even though the fraud was on a massive scale, at the same time, the impact on the bottom line was fairly minimal," said Emory Law Assistant Professor George S. Georgiev. "Often in these borderline cases, you can tell yourself a story as to why something is material or not depending on what you want the outcome to be."

Holbrook forecasts Supreme Court docket heavy with IP cases

Holbrook forecasts Supreme Court docket heavy with IP cases

Professor Tim Holbrook spoke with law.com about what promises to be a blockbuster term for intellectual property cases at the U.S. Supreme Court. There are four IP cases on the docket and potentially more coming, Scott Graham writes. In Samsung Electronics v. Apple, the court will address design patent damages for the first time in more than 100 years. Also on the docket: Life Technologies v. Promega, where the federal circuit held that supplying a single component from the United States for a multicomponent invention manufactured abroad can give rise to induced infringement. Holbrook wrote an amicus brief in that case, and expects a reversal.

Laurie R. Blank

Trump's idea to take Iraq's oil illegal, Blank says

Presidential candidate Donald Trump's assertion he would "take all the oil out of Iraq," violates international law, says Laurie Blank, director of the International Humanitarian Law Clinic. "There is a remarkably robust and comprehensive framework of law that applies specifically in war to regulate the conduct of hostilities and the protection and treatment of persons," she writes for Jurist. "Occupation is not a license to bleed a country dry," she adds. "The days of war as conquest are long over."

Goldstein on Georgia-Florida water wars: No easy fix

Goldstein on Georgia-Florida water wars: No easy fix

Florida is suing Georgia in the U.S. Supreme Court, part of a decades-long water war. The state says not enough water makes it down the Chattahoochee and Flint Rivers to Florida's Apalachicola Bay. Another wrinkle in the case is drought conditions in 53 Georgia counties, including all of Atlanta. "The fix isn't going to be simple," said Mindy Goldstein, director of Emory Law's Turner Environmental Law Clinic. She's working with Georgia and Alabama environmental groups to weigh in on the case. "It's not just one group or one area or one thing that needs to be fixed. The fix is going to be hard and it's going to be complicated."

Och-Ziff bribery investigation could result in more than fines, Velikonja says

Och-Ziff bribery investigation could result in more than fines, Velikonja says

U.S. prosecutors pursuing alleged bribery in Africa have Och-Ziff, one of the world's largest and most powerful hedge funds, in their sights. In addition to a large fine, U.S. authorities have said they now want individuals to be called to account for corporate crime, according to the Financial Times. Another worry for the company is potential loss of "qualified professional asset manager" status. "Losing QPAM would make life more difficult for Och-Ziff," said Emory Law Associate Professor Urska Velikonja.

Trump's proposed oil grab violates Geneva Convention, Blank says

Trump's proposed oil grab violates Geneva Convention, Blank says

Donald Trump's stance that the U.S. should have taken oil out of Iraq following the 2003 invasion would have been a violation of the fourth Geneva Convention and likely other international agreements, Laurie Blank tells the Wall Street Journal. Blank is director of Emory Law's International Humanitarian Law Clinic. "Under the fourth Geneva Convention, when you are an occupying power, you are a caretaker, you are administering the territory," she said. "The idea is to keep it as close to status quo as possible and give it back. It's not yours to do with it what you want."

Volokh in the Chronicle: 'Safe spaces' on college campuses

Volokh in the Chronicle: 'Safe spaces' on college campuses

Associate Professor Alexander Volokh is the incoming chair of Emory's Committee on Open Expression. He was quoted by the Chronicle of Higher Education in a story which examines the current debate both inside and outside academe on the concept of "safe space." (subscription required)

Dorothy A.  Brown

Brown for CNN: Georgetown apology for slave sale isn't enough

Georgetown's announcement it will rename buildings, establish an institute to study slavery, and extend preferential treatment in admissions for descendants of the 272 slaves it sold in 1838 "are all welcome steps," says Emory Law Professor Dorothy Brown. However, the sale "at its core was a financial decision," she writes. "Georgetown needed money and sold 'property' to enable it to pay debts and keep the doors open." The university should set aside $3.3 million (the inflation adjusted amount of the 1838 sale proceeds) "in a fund administered by a court-appointed official to oversee the requests of the descendants ... for how they want Georgetown to atone to them."

Holbrook on Epipen's price hikes and generic plans

Holbrook on Epipen's price hikes and generic plans

Emory Law Professor Tim Holbrook says Epipen's allusion to the drug supply chain and health insurance companies as part of the reason behind its recent price hikes is difficult to understand. "I don't find it terribly legitimate because it's not clear to me how different that is than in the past," he tells Medpage Today. "Maybe the Affordable Care Act created this dynamic in some way--that may explain some pressure on the price but I don't think it explains that significant of a jump."