Emerging Issues
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Opinion
Microsoft is thinking out of the box on AI. Will the Biden Administration?
Microsoft’s moves in the AI space are the kind of “nonacquisition aquisituions” that the FTC should look at closely through an antitrust lens.
By David Balto • May 9, 2024 -
Garden leave could add value as noncompete alternative
Paying outgoing employees to remain as a resource while a replacement gets up to speed could gain currency as companies seek new ways to protect their interests.
By Robert Freedman • May 8, 2024 -
Trendline
Top 5 stories from Legal Dive
Legal leaders look at practical generative AI use cases and get tough on outside counsel spend, among other priorities this year.
By Legal Dive staff -
Companies using Gen AI weigh regulatory and compliance risks
Generative AI has endless use cases, but it also introduces risks amid demands for transparency, explainability and bias mitigation, executives say.
By Suman Bhattacharyya • May 7, 2024 -
16% of employees plan to quit once noncompete ban takes effect
7% plan to start a rival business, according to a survey of 500 employees conducted by a small business lender.
By Robert Freedman • May 7, 2024 -
FTC noncompete ban risks blowing up private equity deals
Investors will be reluctant to buy a portfolio company if they can’t get assurance the executives won’t leave to start a rival business, a trade secret specialist says.
By Robert Freedman • April 25, 2024 -
Chamber of Commerce sues to block FTC noncompete ban
The agency exceeded its authority in enacting the rule, the business group says in a complaint that asks the rule be vacated and the FTC enjoined from enforcing it.
By Robert Freedman • April 24, 2024 -
Pulling back from HSR antitrust review cost company $23M
The Department of Justice wouldn’t approve the deal without changes all sides could accept, leaving the company on the hook for a big contract termination fee.
By Robert Freedman • April 23, 2024 -
CEOs, CFOs can’t get non-prosecution agreement under DOJ pilot
Criteria released by the Department of Justice April 15 lets corporate executives know if they stand a good chance of avoiding charges for coming forward with misconduct allegations.
By Robert Freedman • April 17, 2024 -
Column
Coming Live Nation antitrust suit suggests DOJ got it wrong last time
Critics have said the Department of Justice should have broken up Live Nation when it looked at its 2010 merger with Ticketmaster. A reported lawsuit that’s coming could try to make that happen.
By Robert Freedman • April 16, 2024 -
Certify to accuracy but otherwise no AI disclosure needed, patent office says
Disclosure would be needed if AI use is material to the patentability of something, the agency says in its latest AI guidance.
By Robert Freedman • April 15, 2024 -
Insider trading cases show need for remote-work ground rules
Legal leaders can set expectations for employees who come in contact with sensitive information from another in the household when they’re both working from home.
By Robert Freedman • April 12, 2024 -
Too-big-to-care attitude sparks FTC antitrust probes, Khan says
Even though it’s typically out-gunned by deep-pocketed companies and it relies on old laws, the agency has an approach that works for it, the high-profile commission chair says.
By Robert Freedman • April 3, 2024 -
Bloomberg Law report could fuel litigation finance disclosure push
The publication details how the gray area of law occupied by third-party funding of legal cases could enable Russian oligarchs to evade sanctions.
By Robert Freedman • March 28, 2024 -
Opinion
Invisible assets, visible impact: Understanding the patent advantage
Protecting your company’s intellectual property by developing a patent strategy isn’t typically a priority for general counsel, but it should be if you want to fully monetize your company’s assets.
By Keegan Caldwell • March 27, 2024 -
RFK Jr.’s VP pick is a patent tech entrepreneur
Nicole Shanahan spent 15 years helping companies create, manage and monetize patents before selling her company to one of the country’s biggest patent trolls.
By Robert Freedman • March 27, 2024 -
AI-assisted inventions should be encouraged, USPTO official says
The practice comes with risks but the competitiveness of the U.S. relies on the future use of AI assistance in inventions, USPTO Director Kathi Vidal says.
By Suman Bhattacharyya • March 22, 2024 -
How Amazon’s legal team built a global pro bono program
Amazon GC David Zapolsky said it’s been inspiring to see members of his department provide legal support to those in need across the world.
By Lyle Moran • March 21, 2024 -
DOJ, state AGs sue Apple for monopolization of smart phone market
Apple has maintained monopoly power over smartphones by violating federal antitrust law, Attorney General Merrick Garland says.
By Robert Freedman • March 21, 2024 -
16 states have AI laws, most of them to curb profiling
Half of all states have AI laws under consideration, with profiling the biggest concern, a compilation shows.
By Robert Freedman • March 20, 2024 -
Federal appeals court pauses SEC climate rule implementation
The climate disclosure regulation is now on pause pending a review from the U.S. Fifth Circuit of Appeals, as the first of multiple challenges yields action.
By Lamar Johnson • March 19, 2024 -
EU AI law is sweeping but compliance seen as straightforward
The most invasive uses of the technology would be banned while other uses would face requirements based on the degree of risk they pose to people’s rights.
By David Weisenfeld • March 15, 2024 -
Opinion
When you choose a language model, remember that size isn’t everything
While expensive models have their merits, success with LLMs in the business environment hinges much more on matching a model's capabilities with the specific requirements of the task.
By Dawid Robert Kotur and Nick Long • March 14, 2024 -
EU lawmakers pass sweeping AI rules with global reach, stiff penalties
Penalties include up to €35 million or 7% of a company’s total worldwide annual turnover — whichever is higher — for violations of a ban on “emotion recognition” in the workplace.
By Alexei Alexis • March 13, 2024 -
Forum shopping limits could work best in diverse circuits
Plaintiffs assigned a random district judge can still hope to win at the appellate level in ideologically aligned circuits, but in diverse circuits, that advantage could go away.
By Robert Freedman • March 13, 2024 -
OpenAI quells some enterprise fears as leadership saga concludes
The AI startup’s board expansion to include more enterprise experience will partly allay customer worries, one expert said, but safety concerns across vendors persist.
By Lindsey Wilkinson • March 11, 2024