Online Edition '25
Consecutive
2025

Online
Article
Online Edition '25
Forthcoming Litigation for Companies That Employ Dark Patterns
Rachel Finegold
University of Chicago Law School ‘26

When you enter a company’s website, perhaps to buy a product, it is common to receive a pop-up message that asks you to enter your email address to receive promotional materials. The options presented to you in this pop-up may read something akin to “I like to stay informed,” and “I like to be left out.” However, if the website is attempting to make you feel bad about declining to provide your personal information, then you may have experienced a dark pattern.

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Online Edition '25
Is There Always Money in the Banana Stand? The Importance of Fee Awards to Vindicating Shareholder Voting Rights
James Janison
Associate at Bernstein Litowitz Berger & Grossman LLP.  All views expressed herein are my own and not those of Bernstein Litowitz Berger & Grossmann LLP or its clients.

A recurring joke in the TV series Arrested Development is that a real estate mogul beset by hard financial times refrains to his son, “there’s always money in the [family-owned] banana stand.” Every time he does, the son—who has taken over the family real estate empire—expresses exasperation, as a boardwalk shop selling frozen bananas is obviously no cure for the family’s financial woes. In an act of defiance, the son eventually burns the banana stand down. Enraged, the real estate mogul explains that there was literally $250,000 in cash lining its walls. The stockholder franchise is Delaware’s banana stand.

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Online Edition '25
Spot the Difference: Examining the SEC’s Treatment of Bitcoin Futures and Spot Exchange-Traded Funds
Jenny Hu
Brown University ‘26

Thank you to Ari Gabinet, Senior Fellow in Brown University’s Watson Institute for International and Public Affairs, for his invaluable insights.

The issue of Bitcoin exchange-traded products (ETPs) is not new, but it has only recently surged into the public consciousness with the SEC’s reluctant approval of spot Bitcoin exchange-traded funds (ETFs) in January 2024. However, the general discourse surrounding these novel financial products is mixed: to some, they pose a threat to market stability and open a door for hefty investor losses; to others, they represent a crucial step in the greater legitimization of Bitcoin and other cryptocurrencies as viable assets.