Emerging Issues
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How antitrust law led to the telephone
Alexander Graham Bell and Elisha Gray developed their technology for “harmonic tones” after a federal law fueled an R&D boom by lowering entry barriers for telegraph companies, an economist says.
By Robert Freedman • Sept. 10, 2024 -
Legal AI adoption needs specific use cases, trials and patience, expert panel says
Lawyers have realized that integrating AI into their work will be challenging, but a strategic approach to how the software is used can help.
By Justin Bachman • Sept. 5, 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 -
Molson Coors latest company to revise DEI policy
The beer giant will no longer participate in a scoring system by the Human Rights Campaign and will tie executive incentives to business performance, not “aspirational representation goals.”
By Christopher Doering • Sept. 5, 2024 -
Court ruling limits EU regulators’ merger review power
The European Commission lacked oversight authority to examine the proposed sale of a cancer-detection company to biotech company Illumina, the court found.
By Justin Bachman • Sept. 4, 2024 -
Vanguard supported zero E+S proposals in 2024: report
The lack of support for environmental and social proposals comes after the nation's second-largest asset manager supported just 2% in 2023.
By Lamar Johnson • Sept. 3, 2024 -
OSHA sets late December comment deadline for extreme heat standard
The agency’s proposed rule would require employers to develop heat injury and illness prevention plans, among other actions.
By Ryan Golden • Aug. 30, 2024 -
Q&A
Clearbrief’s CEO on why legal tech buyers are suffering ‘a bit of fatigue’
The former litigator says most GenAI tools come without an industry focus and clear proof that they can meet the legal world’s functional needs.
By Justin Bachman • Aug. 30, 2024 -
RealPage lawsuit opens a new antitrust front for pricing algorithms
The rise of Big Data across the economy raises antitrust concerns, especially where companies are sharing sensitive proprietary data, legal experts say.
By Justin Bachman • Aug. 28, 2024 -
‘New dynamics at play’: Jack Daniel’s maker ends DEI initiatives
Brown-Forman Corp. cited a shifting legal and external landscape for its decision, as one prominent anti-DEI activist claimed credit for putting pressure on the company.
By Ryan Golden • Aug. 28, 2024 -
Chipotle ruling exposes murky future of mandatory arbitration
The 8th Circuit’s ruling that a sexual assault claim must go to court sheds light on how the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has shaken up arbitration law.
By David Weisenfeld • Aug. 26, 2024 -
DOJ sues RealPage for rental-price fixing, but the company has arguments in its favor
The company’s software effectively makes landlords participants in collusion, the agency alleges. That’s too low of an antitrust bar, critics say.
By Robert Freedman • Aug. 23, 2024 -
Liability reduced for companies facing biometric data privacy violations
Changes to the Illinois Biometric Information Privacy Act create a more reasonable risk environment for companies that might otherwise face huge penalties.
By Lisa Burden • Aug. 22, 2024 -
Trade groups seek extension on FDIC’s ‘hot money’ rule
Organizations need 60 more days “to furnish responses and data that fulsomely address the questions and issues raised” by proposed changes on brokered deposits, 11 trade groups wrote.
By Rajashree Chakravarty • Aug. 22, 2024 -
FTC exceeded its authority with noncompete ban, judge says
The agency’s rulemaking under Sec 6(g) of the FTC Act is procedural, not substantive, Judge Ada Brown of Texas federal court says, blocking a nationwide rule that would have taken effect shortly.
By Robert Freedman • Aug. 21, 2024 -
DOJ allows Alaska Air-Hawaiian merger deal to proceed
Tacit approval of Alaska Air acquiring the smaller carrier comes after the department sued to successfully block two previous airline combinations.
By Justin Bachman • Aug. 20, 2024 -
Friend or foe: Unpacking what the amicus briefs say about the SEC’s climate rule
Amicus briefs in the Securities and Exchange Commission’s ongoing lawsuit concerning its climate disclosure rule find institutional investors and businesses largely on opposite sides.
By Lamar Johnson • Aug. 20, 2024 -
How to build social activism into your governance structure
Companies don’t have to retreat from activism to avoid backlash if they align their values with their business in a way that makes sense, a law professor says.
By Robert Freedman • Aug. 20, 2024 -
FTC noncompete ban suffers another blow
The ruling — which applies only to one Florida-based real estate broker — comes just weeks before the ban is slated to take effect.
By Ryan Golden • Aug. 19, 2024 -
Nvidia, OpenAI face YouTube creator lawsuits for using online videos
A video creator alleges that the companies scraped his videos, and millions of others, without permission to help train their generative AI learning models.
By Justin Bachman • Aug. 16, 2024 -
Fake-ad rule will help FTC on enforcement, agency says
The Federal Trade Commission says it can take enforcement action, but having the rule is expected to make it easier.
By Robert Freedman • Aug. 15, 2024 -
AI for Legal: 5 tips to help integrate these new tools
In-house legal departments adopting GenAI software must consider several issues around its value, senior leaders’ positions, data integrity and cultural changes.
By Justin Bachman • Aug. 15, 2024 -
JPMorgan, Zelle may have upper hand if litigation ensues
If the banks that own Zelle’s parent battle the Consumer Financial Protection Bureau in court, they may find some federal judges open to their arguments, lawyers specializing in the area said.
By Patrick Cooley • Aug. 15, 2024 -
Texas sues GM for selling customer driving data
The automaker failed to tell buyers it was selling their driving data to help insurers analyze driving behavior, according to a Texas AG lawsuit.
By Justin Bachman • Aug. 14, 2024 -
Gen AI is reporting for work duty but who’s in charge of it?
Executives recognize the potential for generative AI in their business operations, but chief legal officers say organizational roles and responsibilities aren’t clear.
By Justin Bachman • Aug. 13, 2024 -
Anti-ESG proposals drove the increase in ESG proxy submissions: Morningstar
“For the first time, the growth in new resolutions was dominated by proposals from ‘anti-ESG’ filers,” per Morningstar Sustainalytics’ director of stewardship research and policy.
By Lamar Johnson • Aug. 13, 2024