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Articles by Michael Burke
The neoliberal backdrop to the miners’ strike
The miners’ strike of 1984-5 really began in 1947 when Friedrich von Hayek, Milton Friedman and others developed a quasi-philosophical theory to justify the unbridled capitalism of the 19th century. It became known as neoliberalism.
Cross-Border Securitization
Cross-border securitizations involving Canadian assets can take various forms. For example: A U.S. originator may have sold products to Canadian customers and wants to include the related receivables (owing by Canadians) as part of an otherwise U.S. securitization. A Canadian originator may complete a Canadian securitization (selling to a Canadian special purpose entity (SPE)) but wants to fund it with notes sold in whole or in part to U.S. investors.
Stanford University to pay $1.9M after not disclosing faculty got foreign research funds
Stanford University will pay $1.9 million to resolve allegations brought by the federal government that the university violated federal law by not disclosing funding that faculty members were receiving from abroad, the U.S. Department of Justice said. Between 2015 and 2020, Stanford received research grants from five federal agencies: the Army, the Navy, the Air Force, NASA and the National Science Foundation.
Strikes & the Law
At a very well attended fringe meeting called by the Campaign for Trade Union Freedom with the Institute of Employment Rights in Durham on Friday evening two central themes emerged from speakers’ contributions. Firstly, the importance of the current strike wave now entering its second year, and secondly, the need for resolute action in the face of the latest round of anti-union laws, the Strikes (Minimum Service Levels) Bill.
“Gruyere” Not Protectable with the USPTO
In Interprofession du Gruyere v. U. S. Dairy Exp. Council, 61 F.4th 407 (4th Cir. 2023), two European cheesemaking consortiums sought appellate review of a USPTO ruling, which sustained American cheesemaking companies’ opposition to the consortiums’ application to certify the mark “gruyere.” The United States District Court for the Eastern District of Virginia granted the American cheesemaking companies’ motion for summary judgment, which was affirmed by the Fourth Circuit on appeal.
Reduce Your Risk (And We’re Not Just Talking COVID-19 Vaccines)
When COVID-19 was on the rise, ransomware attacks were right alongside it. A new investigation published in JAMA Health Forum found that ransomware attacks more than doubled in the last five years. Ransomware is software that is harmful to a computer network or server because it prevents users from accessing their systems and demands a ransom to restore access.
The new world of NIL in Minnesota
How student-athletes can navigate the system of name, image, and likeness rights in high school and beyond By Michael T. Burke and Amber D.
Watch Out For The Minnesota Health Records Act
Medical providers operating in Minnesota must be aware of the Minnesota Health Records Act’s (“MHRA”) requirements to avoid liability exposure. Enterprising plaintiff’s attorneys are bringing these claims at an increasing pace, no matter how harmless the provider’s error might be. The MHRA allows patients to bring claims and seek damages for an alleged “misuse” of their medical records.
NCAA Issues Formal Guidance Regarding Booster Influence On NIL Deals
Last summer, the NCAA allowed student-athletes to be paid for the use of their names, images, and likenesses ("NIL"), but did not issue formal guidance on the matter. That changed on May 9, 2022, when the NCAA's Division One Board of Directors issued formal guidance, specifically regarding boosters, in an attempt to strike a balance between student-athletes' right to benefit from their names, images, and likenesses, while keeping booster influence at bay.
NCAA Issues Formal Guidance Regarding Booster Influence on NIL Deals
Last summer, the NCAA allowed student-athletes to be paid for the use of their names, images, and likenesses (“NIL”), but did not issue formal guidance on the matter. That changed on May 9, 2022, when the NCAA’s Division One Board of Directors issued formal guidance, specifically regarding boosters, in an attempt to strike a balance between student-athletes’ right to benefit from their names, images, and likenesses, while keeping booster influence at bay.
Kathi Vidal Confirmed As The Next USPTO Director
On April 5, 2022, after more than one year of vacancy, the Senate confirmed attorney Kathi Vidal as the next director of the United States Patent and Trademark Office. Ms. Vidal is an experienced litigator and managing partner at Wintson & Strawn LLP’s Silicon Valley office, and is one of the leading IP litigators and Federal Circuit strategists in the country. She will lead more than 13,000 employees at the USPTO and oversee its nearly $4 billion budget.
Album Review - Garden of Accrescent Vistas - Bathroom Plants
Album Review Garden of accrescent vistas by: Bathroom plants Written By: C A S I N O Published: December 18th, 2021 I have been in a bit of a rut recently. Every so often, I get in these moods where the fire in my heart that keeps my love of vaporwave alive begins to flicker. Albums that used to stir my soul and strike a chord with me start to feel the same and the genre falls into a bland spiral of “meh” ness.
The Cyber Incident Reporting Law Gains Traction in Congress
Congress is now taking steps to beef-up cyber security regulations at the federal level. The Senate introduced a bill titled the “Cyber Incident Reporting Act of 2021,” which requires covered entities—meaning an entity that owns or operates critical infrastructure—to promptly report cyber security breaches to a Cyber Incident Review Office, which then receives, aggregates, and analyzes the incident.
U.S. Copyright Office Weighs in on the Right to Repair Digital Devices
The U.S. Copyright Office (“USCO”) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (“DMCA”)’s rules governing access to devices and software, which includes automobiles and medical devices. Enacted in 1998, the DMCA works to prohibit people from circumventing technological measures used by copyright owners to control access to protected works. Essentially, the purpose of the law is to protect digital works from piracy.
Name, Image and Likeness Legislation Changes College Sports
The NCAA announced that it will allow student-athletes throughout the country to profit from their name, image, and likeness (“NIL”) starting on July 1, 2021, which marks a major shift from the NCAA’s longstanding amateurism model. So far, nine states—including Alabama, Florida, Georgia, Mississippi, New Mexico, Texas, Kentucky, Ohio, Oregon, and Illinois—have signed NIL legislation to take effect on July 1.
Information Security Careers Training Webinars
Thomas Malta Former Head of Identity and Access Management, Navy Federal Credit Union, CEO and Principal IAM Experts, LLC Tom Malta's extensive career in Financial Services Technology and Cyber Security started 25+ years ago as a hands-on developer building and supporting front office trading systems for many of the top Wall St. Brokerages and Investment Banks.
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