Emerging Issues

  • wetlands legal case
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    "Sackett v. EPA" by Pacific Legal Foundation is licensed under CC BY 2.0
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    SCOTUS hands development interests a wetlands win

    The court unanimously sided with a household to build a house but a dissent points to concern that a more stringent definition of “waters” under the Clean Water Act could leave too many wetlands at risk.

    By • May 26, 2023
  • AI
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    Userba011d64_201 via Getty Images
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    C-suite leaders see AI boosting productivity: KPMG

    More than 60% said generative AI also could end up encouraging innovation and help create more products and services.

    By Alexei Alexis • May 25, 2023
  • Nothing gets it done like focus and dedication Explore the Trendline➔
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    PeopleImages via Getty Images
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    Trendline

    2023 in-house legal outlook: Value creation rises to the top

    Legal leaders say legal operations and technology will be central to doing more with less this year.  

    By Legal Dive staff
  • business
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    jacoblund via Getty Images
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    Lessen the chance WhatsApp brings you down with a readiness assessment

    Regulators don’t expect every company’s communication retention policy to look the same, but they want you to have a rationale for the approach you take.

    By • May 25, 2023
  • Law and money
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    matt_benoit via Getty Images
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    Louisiana bill would require litigation funding disclosure

    If passed, Louisiana would join New Jersey and Wisconsin in targeting the growing use of outside funding.

    By • May 24, 2023
  • Silicon Valley Bank logo
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    Justin Sullivan via Getty Images
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    First Citizens sues HSBC over departure of SVB bankers

    The North Carolina bank accused a former SVB executive of helping HSBC, his new employer, incite a mass migration of talent and trade-secret information.

    By Dan Ennis • May 23, 2023
  • The letters AI on a digital block
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    BlackJack3D via Getty Images
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    Generative AI is creating advisory work for legal teams

    Some in-house departments have created AI working groups and others are helping to educate customers about the emerging technology, legal chiefs said.

    By • May 23, 2023
  • A humanized version of the conversational AI chatbot
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    mesh cube via Getty Images
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    Opinion

    Why it’s imperative lawyers adopt a ‘legal copilot’ model with AI

    By combining AI and human capabilities, organizations can leverage the strengths of both to improve decision-making and achieve better outcomes.

    By Johannes (Jan) Scholtes and Geoffrey Vance • May 19, 2023
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/Legal Dive
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    EEOC issues guide to auditing AI for discrimination

    The document cautions employers that they may be responsible for such tools even if designed and administered by a vendor.

    By Kate Tornone • May 18, 2023
  • OpenAI spelled out in computer-generated Neon text
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    noLimit46 via Getty Images
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    How OpenAI’s associate GC is using ChatGPT for legal work

    The generative AI chatbot can be a helpful starting point for legal writing and research tasks, said Ashley Pantuliano.

    By • May 18, 2023
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    Brian Tucker / BioPharma Dive
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    FTC sues to block Amgen’s $27.8B deal for Horizon

    The regulator’s challenge will test a more expansive view of how pharmaceutical mergers could harm consumers. Amgen remains confident it can complete the deal, however.

    By Jonathan Gardner • May 16, 2023
  • Financial services
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    Justin Sullivan / Staff via Getty Images
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    SEC fines HSBC $15M, Scotia $7.5M for WhatsApp use

    The settlement terms recognize the two companies came forward and cooperated with the agency after they discovered employee and executive use of the instant messaging app and other off-channel communications.

    By • May 11, 2023
  • A worker cleans a sign in front of the Uber headquarters on May 18, 2020 in San Francisco, California.
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    Justin Sullivan / Staff via Getty Images
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    Former Uber CSO avoids prison time for ransomware coverup

    Joseph Sullivan was convicted last year after covering up a cyberattack while the ride sharing firm was under a Federal Trade Commission probe.

    By David Jones • May 5, 2023
  • The words "AI" in a white box superimposed on a brain
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    gguy44 via Getty Images
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    Opinion

    How generative AI is changing the game for contract management teams

    The technology has already reached a startling level of accuracy, capable of performing a wide variety of research work that can then be reviewed by a trained legal professional.

    By Praful Saklani • May 4, 2023
  • bankruptcy
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    Justin Sullivan / Staff via Getty Images
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    Feds probe Goldman’s dealings with SVB in lead-up to collapse

    The investment bank was both a buyer of SVB’s bond portfolio and adviser of its failed capital raise in the days ahead of the regional lender’s collapse in March.

    By Anna Hrushka • May 4, 2023
  • competition law
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    Zerbor via Getty Images
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    Don’t ignore state antitrust risks, competition specialists say

    States tend to be more transparent in their efforts, which can give in-house counsel opportunities to get their company’s story out.

    By • May 3, 2023
  • FTC chair
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    Anna Moneymaker / Staff via Getty Images
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    FTC’s Khan cites growing reach of noncompetes as a spark for ban idea

    The agency’s chair also highlighted that innovation has not been stifled in states such as California which prohibit noncompetes.

    By • May 3, 2023
  • A photo of the White House.
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    PorqueNoStudios/iStock via Getty Images
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    What does feds’ latest caution on AI mean for employers?

    Last week’s statement from four agency heads showed a “united federal intent” to address growing AI adoption, a Littler Mendelson attorney said.

    By Ryan Golden • May 2, 2023
  • Fox
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    Alex Wong / Staff via Getty Images
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    Last-minute settlement took Dominion’s co-lead attorney by surprise

    Stephen Shackelford of Susman Godfrey draws a straight line from the agreement with Fox to Tucker Carlson’s firing even though that was not one of the terms. 

    By • May 2, 2023
  • antitrust
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    Ozturk via Getty Images
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    FTC merger review kills Calif. cement deal

    The action is the latest in a stepped-up effort by the agency’s competition bureau to block deals that might have gotten through in earlier years.

    By • May 1, 2023
  • A Subway restaurant closed its dine-in seating during the novel coronavirus pandemic of 2020
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    Alabama Extension. (2020). "The Image" [Photograph]. Retrieved from Flickr.
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    No property damage, another court rules in COVID insurance battle

    In the latest blow to a company hoping to get relief for business interruption, a federal district court agreed with an insurer that it doesn't owe money because of the pandemic.

    By • April 28, 2023
  • Non-compete agreement
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    FTC proposed noncompete ban gets state AG boost

    More than a third of the country’s state attorneys general say the FTC is right to allow employees to work where they want after leaving a job, although they don’t want the agency’s rule to preempt what they’re doing.

    By • April 28, 2023
  • defamation lawsuit
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    Michael M. Santiago via Getty Images
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    Why Fox is likely to pay much less than $787.5M in defamation settlement

    The company is expected to deduct a portion of the cost as a necessary business expense, and its liability insurer could pick up a substantial portion of the remaining amount.

    By • April 27, 2023
  • SVB
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    Chip Somodevilla via Getty Images
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    SVB, Signature CEOs unlikely to face clawbacks any time soon

    Regulators’ authority to recapture executive pay is limited and bills to enhance that authority face hurdles. 

    By • April 25, 2023
  • The letters AI on a digital block
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    BlackJack3D via Getty Images
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    How PwC will use generative AI to assist with legal work

    The global firm recently announced a partnership with the legal startup Harvey, a platform built on artificial intelligence technology from OpenAI.

    By • April 25, 2023
  • A robotic brain is encapsulated in a clear box.
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    iStock / Getty Images Plus via Getty Images
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    Q&A

    ChatGPT says it’s not ready to be a CFO

    CFO Dive decided to engage the popular AI tool in a conversation about both its potential and limitations in corporate finance.

    By Alexei Alexis • April 25, 2023