A Sensible Middle Ground on Data Privacy

Jesse Maga on June 29, 2019.

Any American who followed the last two U.S. Supreme Court confirmation hearings likely heard a lot about the administrative law doctrine, Chevron deference. Although simple, Chevron has massive implications on small and independent businesses…

Read this article

Small Businesses Want Supreme Court to Rein in Agency Power

Karen Harned on June 14, 2019.

Any American who followed the last two U.S. Supreme Court confirmation hearings likely heard a lot about the administrative law doctrine, Chevron deference. Although simple, Chevron has massive implications on small and independent businesses…

Read this article

Texas Passes Lemonade Stand Law Protecting Young Entrepreneurs

Michael  Guta on June 15, 2019.

Texas Governor Greg Abbot signed the “Lemonade stand law” on June 10, 2019, to prevent police or code enforcement officers from shutting down lemonade stands run by kids.

Read this article

Risky rent business: New sweeping regulations could, over time, deplete the affordable housing stock they were designed to save

NY Daily News Editorial Board on June 13, 2019.

Good: Sweeping reforms set to become law will give thousands of stretched New York families who struggle to pay the rent the chance to breathe a bit easier…

Read this article

One Year Into GDPR: A Look Ahead At The Privacy Regulation Compliance Landscape

Amandeep Khurana on June 10, 2019.

For more than two years before the start of General Data Protection Regulation (GDPR) enforcement, companies were warned about potential substantial fines for compliance violations. On the first day of enforcement, an Austrian privacy advocate sued Facebook and Google  for about $8.8 billion for coercing users into sharing personal data. And earlier this year, Google was slapped with a €50 million fine for not obtaining proper user consent for serving personalized ads…

Read this article

Competition Can Be Good For Regulators Too

Susan Dudley on June 12, 2019.

The Business Roundtable (BRT) just released a new report that documents how overlapping regulatory jurisdiction can be a real impediment to innovation and economic growth. But it would be a mistake to conclude that national regulatory uniformity is always the best solution for either businesses or consumers…

Read this article

Antitrust, Free Speech and Google

Mark Epstein on June 09, 2019.

Donald Trump’s 2016 campaign promised to use antitrust law against oligopolies it said were “destroying an American democracy that depends on a free flow of information and freedom of thought.” The Justice Department’s investigation of Google may appear to fulfill this pledge. But Makan Delrahim, who heads the antitrust division, has voiced skepticism…

Read this article

Is America Losing Its Small Businesses?

Milton Ezrati on June 06, 2019.

Amid the extensive commentary over the income gap between rich and poor, some have become troubled by a gap of another sort. They have identified a widening difference between the profitability of small businesses and large. Some commentators have tried to draw parallels between these two growing inequities. That is a tempting thing to do but simply too easy. These gaps have different causes. Those that affect business are much more straightforward. Here, two factors stand out: 1) technology has enabled some firms to gain tremendous market power and 2) the expansion in government regulation, despite President Trump’s efforts to curtail it, has imposed heavy burdens on all business but disproportionately on smaller firms. The development of fintech applications does, however, promise to level the playing field, at least some…

Read this article

What’s Driving Automakers Out of Europe?

Amie Tsang on March 15, 2019.

Automakers, in quick succession, have moved in recent weeks to end parts of their operations in Europe. Nissan is the latest: On Tuesday, it confirmed that it would cease assembling Infiniti cars at its plant in northeast England…

Read this article

The SEC’s Creative Regulatory Fix

Harvey L. Pitt on June 5, 2019.

The Securities and Exchange Commission may adopt a disarmingly simple yet effective rule to govern the duties of professionals who make a living recommending investments—requiring them to act in their customers’ best interest…

Read this article