Adriana Levandowski
Adriana Levandowski
Adriana is a second-year law student at the University of Denver Sturm College of Law, graduating in December. Before law school, Adriana received a Bachelor’s Degree focused in International/Global Studies with a concentration in Peace and Conflict Studies from the University of San Francisco. She obtained minor degrees in African Studies, Legal Studies, and Peace and Justice Studies. During her undergraduate degree, Adriana spent a semester in London working on a landmark LIBOR rigging case at Bark & Co. solicitors. Adriana then studied in Paris, gaining proficiency in French. In 2017, Adriana completed a U.K. law degree (equivalent to an L.L.B.) at BPP University London.
Adriana is an active member of both the law school's and Greater Denver's legal community. She spends her time volunteering with a number of projects and initiatives, including the Tribal Wills Project, Our Courts Program, and as a peer mentor and student ambassador. In addition to her work with The Race to the Bottom, Adriana is on the board of the Business Law Society, co-founder of Law Students Against Sexual and Domestic Violence, and is a member of the Colorado IP Inn of Court.
She is interested in business litigation and consumer protection work. Outside of law school, Adriana works at SoulCycle on the weekends and enjoys karaoke, trivia, and traveling.
Strikes have flooded the news headlines for the past years, as thirty-three significant strikes occurred in 2023, with an estimated 462,000 workers engaged in those strikes. (Chris Isidore, CNN). Boeing was unable to escape the strike fever in 2024, as workers demanded a 40% raise in wages and the reinstatement of pension benefits. (Niraj Chokshi, New York Times). Due to the massive impact the strike had on the company, Boeing and the International Association of Machinists and Aerospace Workers (the “Union”) announced a negotiated proposal (“Proposed Deal”) subject to voting on October 23rd, 2024. (IAM District 751). Ultimately, the Proposed Deal was rejected by a 64% vote. (IAM District 751). This article discusses the key elements of the Proposed Deal and how it sheds light on the greater narrative of Boeing’s fragile state of dwindling finances, reputation, and relationship with its workers.
On March 6, 2024, the U.S. Securities and Exchange Commission (“SEC”) passed a final rule requiring applicants to include climate-related disclosures within their registration statements and annual reports. (Deloitte). This rule includes initial public offerings (“IPOs”) and will go into effect for annual reports ending on December 31, 2025. Id. ESG reporting is a system that provides key information to stakeholders about business operations which relate to the “environmental, social and governance (ESG) areas of the business.” (Tom Krantz & Alexandra Jonker, IBM). This post discusses what ESG reporting is and why it is relevant, how companies have approached reporting on ESG matters, and the positives and negatives of ESG reporting.
Companies should brace for turbulence as the Internal Revenue Service (“IRS” or “Service”) zeroes in on dishonest corporate jet tax breaks. The IRS disclosed internal training materials under the Freedom of Information Act that outline key data points auditors will focus on during their new corporate jet auditing campaign, which was announced early in 2024. (Erin Schilling, Bloomberg). Funded by the 2022 Inflation Reduction Act (“IRA”), the corporate jet auditing campaign is part of the IRS’s Strategic Operating Plan which seeks to further the Service’s objective of expanding tax compliance enforcement to ultrawealthy individuals, corporations, and complex partnerships. (Erin Schilling, Bloomberg; Erin Slowey, Bloomberg; Daniel Werfel, Department of the Treasury; IRS). This article dives into why the IRS is implementing more audits on the use of corporate jets, how deductions could affect a company’s bottom line, and how this new focus will impact companies and the US moving forward.
Capital One began its acquisition of Discover Financial Services (“Discover”) for $35 billion, a merger that must clear Federal Deposit Insurance Corporation (“FDIC”) guidelines as well as garner Department of Justice (“DOJ”), Federal Reserve and Office of the Comptroller of the Currency (“OCC”) approval. (Evan Weinberger & Justin Wise, Bloomberg). On September 17, 2024, these entities announced certain new merger policies, signaling heightened scrutiny of the potential acquisition. Id. These government agencies are reviewing the deal to ensure that the merger is not only compliant with regulations but can tangibly benefit consumers. Id. This article examines the history and legal challenges of the merger, the new merger policies announced, and the consequences of the merger’s success or failure.
With the internet’s proliferation and widespread adoption in the 1990s, very few could foresee the dominant force that Google would become. Google launched in 1998 among a crowded market of internet search engines, such as Excite, Yahoo, and Lycos. (Charles Rose, SEO Mechanic). Over the following twenty-six years, Google grew_ into one of the most preeminent U.S. companies, controlling approximately 90% of the global internet search engine market. (Statcounter). Google’s dominance in various markets has attracted the ire of state and federal governments, lawmakers, and regulators, leading them to pursue antitrust actions against Google. (U.S. Senate Judiciary Committee; Office of Public Affairs: DOJ). One of these actions recently came to a head on August 3, 2024, when the District Court for the District of Columbia (“Court”) ruled that Google illegally operated a monopoly in search engine services and text advertising. (Rohan Goswami et al., CNBC). The impact on Google and other stakeholders remains uncertain, but it has the potential to re-shape the streams of revenue for Google and other technology companies, as well as influence how consumers use technology. Regardless of the political environment, the government and regulators are likely to press ahead with efforts to curb the anti-competitive behavior of technology companies that has grown over the years. The following centers on the Court’s examination of the three principal issues and explores potential implications for Google, consumers and other technology companies.
The most watched show of the season might be the drawn-out roller coaster of negotiations between Paramount and Skydance. The two entities entered into negotiations to merge in April 2024. (Benjamin Mullin et al., New York Times). However, the parties have run into roadblocks, including shareholder interest issues and other prospective buyers. Id. On June 11, 2024, Paramount’s majority shareholder rejected a previous deal (the “June 2024 Deal”), but by July 3, the parties renewed efforts to make the relationship work. Id. This post reviews the current situation Paramount finds itself in, its desperate attempts at corporate marriage, why previous negotiations have fallen flat, and what the newest rendition of a deal includes.
This might sound like a familiar story: you start work at a new company and have to sign a seemingly endless mountain of forms and employment agreements during onboarding. One of the agreements that you might have signed is a non-compete agreement, which prevents employees from working for a competing employer or starting a competing business, typically within a certain geographic area and period of time” following the end of their employment. (FTC). In January 2023, the Federal Trade Commission (“FTC”) proposed a new Rule that would ban all non-competes. Id. Naturally, businesses, such as those affiliated with the Chamber of Commerce, were not the most enthusiastic about the Rule, leading them to challenge the Rule in federal court in the case Ryan LLC v. Fed. Trade Comm'n, No. 3:24-CV-00986-E, 2024 WL 3297524 (N.D. Tex. July 3, 2024). The court ruled that the FTC cannot enforce the ban on non-competes. Id. at 11. This post will cover the reasons why the FTC implemented the Rule, the pros and cons of the Rule, the court’s reasoning for halting the Rule, and the implications of the court’s decision.
The U.S. Food & Drug Administration (“FDA”) is looking to elbow its way into the medical testing business by mandating stricter regulations that would slow the process of bringing lab-developed tests (“LDTs”) to market. LDTs are common medical diagnostic tests that have led to both diagnostic advances and setbacks that affect the everyday consumer. (FDA News Release, U.S. Food and Drug Administration). The FDA’s regulation was previously opened for a 60-day comment period and was met with vigorous discussion. Regardless, the FDA moved forward with the regulations on April 29, 2024, and has been met with legal push back and Congressional commentary that could threaten the future of the proposed rule. (Chair Rogers, U.S. House Energy and Commerce Committee). This post examines the current structure of LDT regulations, their marketability, and how this regulation change will affect small startups and patient experiences.
Benjamin Franklin once said, "Nothing is certain except death and taxes." (Benjamin Franklin, Letter to Jean-Baptiste Le Roy). In a recent United States Supreme Court (“SCOTUS”) decision, the tax portion is more certain than ever. (Richard Rubin, Wall Street Journal). On June 20, 2024, SCOTUS rejected a challenge to a 2017 tax law (“Tax Law”) on certain foreign investments. (Moore v. United States, 144 S. Ct. 1680, 1697 (2024)). The decision keeps the foreign investment tax intact, while avoiding addressing a 16th Amendment interpretation. (Richard Rubin, Wall Street Journal). This article explores the case's background, the Court's reasoning, and how this decision will ultimately discourage individuals from investing in foreign companies
The Department of Justice (“DOJ”) recently filed a lawsuit against RealPage Inc. (“RealPage”), a real estate software company, alleging that the company’s algorithmic pricing software violated antitrust laws. (Press Release, U.S. Department of Justice). The DOJ brought the lawsuit under the Sherman Antitrust Act, the “first Federal act that outlawed monopolistic business practices” and prohibited activities restricting competition in the marketplace. (Sherman Antitrust Act, National Archives). Attorney General Merrick Garland stated, “[l[andlords colluding through mathematical algorithms may be new, but it violates the same bedrock principle of a free market fostering competition.” (Jennifer Ludden, NPR). This post explores RealPage’s background, discusses the DOJ’s and RealPage’s arguments for and against the suit, and examines the possible implications for algorithm-driven businesses.
With the 2020 Presidential Election just around the corner, voting paraphernalia, media campaigns, and the like are hard to avoid. Now, Corporate America is jumping on the voting bandwagon. Some companies, like designer fashion brand Tory Burch, are donating proceeds from limited-edition “VOTE” branded merchandise to get-out-the-vote programs. (Kate Kelly and Sapna Maheshwari, New York Times). Restaurant chain Shake Shack is giving away free French fries to all customers that vote early.
It is impossible to ignore the protests and social justice initiatives surrounding the Black Lives Matter movement spanning the country, recently surpassing 100 consecutive days of protests. (Patience Womack & Tosca Ruotolo, The Daily Barometer). In light of national demands for racial justice, the California state legislature introduced Assembly Bill 979 (“Diversity Bill”) aimed at increasing corporate diversity. In short, the Diversity Bill requires corporations that have nine or more Board of Directors to include at least three minority members by the end of 2022. (Saijel Kishan, Bloomberg). Additionally, California’s Secretary of State will be required to publish annual board diversity reports evaluating corporate progress and compliance. Id. In 2018, California enacted a similar gender equity law, S.B. 826, 2017-18 Gen. Assemb., Reg. Sess. (Ca. 2018), requiring publicly held companies with a board of four or less to have at least one female director. (Women on Boards, California Secretary of State). Though the 2018 bill is widely criticized, its results are undeniable, increasing representation and corporate accountability. (See generally California Secretary of State, March 2020 Women on Boards Report).
As the COVID-19 pandemic reached the U.S. in early March, millions of American workers were furloughed or laid off, leaving many without a reliable income. (Kathryn Vasel, CNN Business). Unemployment in the U.S. rose to 17.8 million in June 2020, an almost 8% increase since February. (The Employment Situation, U.S. Dept. of Labor). Economists estimate unemployment could reach 32.1% in the second quarter of 2020, surpassing the Great Depression’s 24.9% peak. (Chris Morris, Fortune). Despite thousands of American workers struggling to pay their bills, Chief Executive Officers (“CEOs”) remain largely untouched. (Anders Melin, Bloomberg Law).
Following years of negotiations and various roadblocks, the Sprint and T-Mobile merger cleared its last big hurdle in federal court last month. (Laurel Wamsley, NPR) The “mega-merger” was announced in April 2018 but faced immediate backlash. The attorney generals of New York, California, the District of Columbia, and ten other states protested the potential merger as an anti-competitive practice. (Laurel Wamsley, NPR) The states argued the reduction of carriers in the telecom market creates less market competition, limits fair and free choice for consumers, and harms workers in this industry. (Id.)
In the booming era of blockchain, Facebook’s Libra Association markets itself as an “independent, not-for-profit, membership organization, headquartered in Geneva, Switzerland” aiming to increase access to the global financial system and services. (Libra.org). In a world where 1.7 billion adults don’t have adequate access to the global financial system, Libra’s cryptocurrency claims it has the answer. (Id.) Through distributed network governance, open internet access, and cryptography security, cryptocurrencies aim to increase accessibility to financial services. (Id.) Yet, the volatility and value fluctuation of existing cryptocurrencies has hindered their adoption by the mainstream market. (Id.)
Phone carrier giants Sprint and T-Mobile announced an unprecedented merger in the spring of 2018. The merger would create a $146 billion powerhouse company under the T-Mobile name. (Taylor Soper, GeekWire). As of now, T-Mobile and Sprint are the third and fourth-largest carriers in the U.S., just behind AT&T and Verizon. Id. However, the Department of Justice (DOJ) initially wasn’t sold and filed suit to block the merger. (U.S. D.O.J. Compl. 3. July 26, 2019). A deal of this size raises fair market and antitrust concerns for both the D.O.J. and Federal Communications Commission (F.C.C.) and is dependent on the regulators’ approval. (Taylor Soper, GeekWire).