Emerging Issues
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‘Friendly fraud’ persists under the radar
Fraud committed by customers threatens companies’ bottom lines and often goes unreported, experts say.
By Suman Bhattacharyya • July 25, 2024 -
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ColumnFTC’s ‘surveillance pricing’ probe is a rare bipartisan effort
The two Republican-appointed commissioners don’t like the negative gloss of “surveillance” in the name of the probe but see value in studying this growing use of data.
By Robert Freedman • July 24, 2024 -
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TrendlineTop 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 -
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Oklahoma judge permanently blocks state’s anti-ESG law
The ruling extends a temporary injunction against the law issued in May, though Oklahoma Attorney General Gentner Drummond said he will bring an appeal to the state Supreme Court.
By Lamar Johnson • July 23, 2024 -
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Questions over AI claims likely mean a lawsuit is coming, D&O specialist says
If investors suspect a company is being disingenuous about its use of the new technology, don’t be surprised if their next step is a securities claim, the head of an insurance intermediary says.
By Robert Freedman • July 23, 2024 -
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Deep DiveWhy in-house counsel and law firms are warming up to litigation funders
The dispute-financing industry is poised for growth as legal departments seek to evolve their reputation as pure cost centers.
By Justin Bachman • July 21, 2024 -
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Companies turn to AI contract tools to reduce external risks
Executives often overlook the importance of shrewd third-party contracting when managing their risk profiles, according to a legal tech panel.
By Justin Bachman • July 18, 2024 -
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Reduced shareholder lawsuit risk doesn’t mean more ESG reporting: study
The lower risk of being sued means companies don’t need the social credibility that comes with the reports, a study finds.
By Robert Freedman • July 18, 2024 -
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Deep DiveWhat employers can expect following the end of Chevron deference
For one thing, the U.S. Department of Labor’s regulations may not fare well under federal courts’ scrutiny post-Chevron, a former DOL official told HR Dive.
By Ryan Golden • July 17, 2024 -
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Ransomware leak site posts jumped 20% in Q2
Threat groups claimed attacks on 1,237 organizations during the quarter, marking an increase from Q1. U.S.-based businesses accounted for more than half of all victims, Reliaquest found.
By Matt Kapko • July 16, 2024 -
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OpenAI NDAs violate whistleblower laws, attorneys tell SEC
Even if the company has cleaned up its act, its past effort to keep insiders from talking about generative AI risks needs investigating, the attorneys say.
By Robert Freedman • July 16, 2024 -
A big shareholder could outgun board in bill headed to Delaware governor
Corporate law scholars are concerned the bill will build into law a trend in which a founder or other key shareholder uses an agreement to exercise company control.
By Robert Freedman • July 15, 2024 -
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5 takeaways on costs, challenges of climate disclosure compliance
Complacency regarding the SEC’s now-stayed rules could leave companies “scrambling to try to get ready” once they are put in place, PwC’s Marc Siegel said.
By Maura Webber Sadovi • July 15, 2024 -
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Gen AI and attorneys aren’t (yet) working well together, survey finds
Lawyers were the most dissatisfied with generative AI results among corporate work groups, according to a quarterly Bain survey.
By Justin Bachman • July 12, 2024 -
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Supreme Court term showed justices’ ‘project’ to reallocate power, lawyers say
The court disrupted regulatory agencies with its major business rulings, although federal courts may need to offer new stability, according to a legal panel.
By Justin Bachman • July 11, 2024 -
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76% of SaaS companies use ‘dark patterns,’ analysis finds
With federal regulators and states clamping down on the practice, companies might take a hard look at how they’re presenting information on their websites and in their apps.
By Robert Freedman • July 11, 2024 -
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AI policy, compliance leave lawyers more skeptical than executives: survey
North America has so far adopted an “innovation-friendly” approach to AI regulations compared to countries in Europe and Asia, a report finds.
By Justin Bachman • July 10, 2024 -
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Loper Bright and Corner Post not the wins companies think they are, legal expert says
The decisions create regulatory uncertainty that is toxic to business planning, says Todd Baker of Columbia Law School and a former big bank strategic planner.
By Robert Freedman • July 8, 2024 -
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Judge orders partial stay of FTC noncompete ban
The agency likely overstepped its authority in issuing the substantive rule, Judge Ada Brown of Texas federal court ruled. It also likely acted arbitrarily and would cause irreparable harm to the plaintiffs.
By Robert Freedman • July 4, 2024 -
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Shareholders rejecting both ESG and anti-ESG proposals
Only three of almost 1,000 proposals have been supported by shareholders so far in the 2024 proxy season.
By Robert Freedman • July 1, 2024 -
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Supreme Court deals big blow to federal agencies
In a landmark ruling, the justices overturned a 40-year-old precedent and significantly reduced the power of federal agencies to interpret the laws they administer.
By David Weisenfeld • June 28, 2024 -
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NFL slammed with $4.7B verdict in Sunday Ticket antitrust case
A Calif. jury found that the NFL colluded to overcharge fans with its arrangement for selling access to out-of-market games.
By Justin Bachman • June 28, 2024 -
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Is an exodus of federal government attorneys coming? If so, in-house teams could benefit
Attorneys with experience at agencies such as DOJ could assist with AI and other regulatory work and investigations, search executives say.
By Lyle Moran • June 28, 2024 -
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Do DOJ statements of interest put a target on your back?
The Biden and Trump administrations have stepped up use of briefs in private antitrust actions. How they’re wielded might point to where the agency will sue next.
By Robert Freedman • June 27, 2024 -
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Culture wars are invading the workplace. Call the lawyers.
Trump and Biden aren’t just a voter problem. Politics is creating “cultural flashpoints” as personal political expression roils many companies.
By Justin Bachman • June 21, 2024 -
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Dismissal in antitrust case hurts FTC targeting of private equity
A PE firm shouldn’t be sued for the alleged anticompetitive actions of its operating company because it sold most of its stake and is now a minority owner, a federal judge ruled.
By Robert Freedman • June 20, 2024
