Month: May 2021

Tribal Lending After Gingras

eCommerce, Media & Communications, Technology and Financial Reporting Leave a comment

By: Max King   Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are “an arm of the tribe” are immune from suit. Without comprehensive federal regulation, tribal sovereign immunity has served as a trump card at the pleading state for online payday lenders. The Note argues that change may be on the horizon. In the recent decision Gingras v. Think Finance, the Second Circuit held that the Supreme Court’s holding in Michigan v. Bay Mills Indian Community permitted injunctive suits against tribal affiliates, acting in their official capacity off reservation, based on state law. If other courts adopt the Second Circuit’s reasoning, states and consumers will be far better equipped to tackle online payday lenders. Download Full Article (PDF) Cite: 19 Duke L. & Tech. Rev. 122

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Look What You Made Her Do: How Swift, Streaming, and Social Media Can Increase Artists’ Bargaining Power

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By: Emily Tribulski Music and technology have always been intertwined and recently the developments of streaming and social media have opened the door for artists to elevate their place in the music industry. The growth of social media engagement is undeniable and in 2016 streaming platforms led to the music industry’s first earnings increase in fifteen years, with double digit gains each year since—a change to the status quo that cannot be ignored. The technological moment provided by streaming and social media gives lesser-known artists, especially when they are backed by superstars, a unique opportunity to challenge traditionally label friendly record deals. These technologies provide artists with the ability to grow their fanbase and increase their bargaining power before reaching the negotiation table with a label—giving them more leverage to maintain ownership of their music and receive more artist friendly contracts. Download Full Article (PDF) Cite: 19 Duke L. & Tech. Rev. 91

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