Emerging Issues

  • government affairs
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    gremlin via Getty Images

    Is that lobbyist you’re hiring just an influencer?

    The revolving door between the public and private sectors raises risk management issues for companies that try to bend government to their will. 

    By • Dec. 2, 2022
  • headshot of Ann Kappler, executive vice president and general counsel at Prudential Financial
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    Courtesy of Prudential Financial

    9 of the year’s biggest in-house legal stories

    These are the topics that have resonated the most with readers this year. 

    By Legal Dive Staff • Dec. 2, 2022
  • The front of the US Supreme Court building in Washington, DC.
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    Bill Chizek via Getty Images

    Prosecutors may need to alter approach to deceptive practices cases

    SCOTUS looks like it could end “right to control” as a way to prosecute fraud that doesn’t lead to property loss, but robust compliance programs remain essential.

    By • Dec. 1, 2022
  • Manager typing on computer
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    gorodenkoff via Getty Images

    Tech surveillance can stave off insider threats, but employers need guardrails

    In some cases, electronic surveillance practices could infringe on worker rights covered under the National Labor Relations Act.

    By Lindsey Wilkinson • Dec. 1, 2022
  • FTC chair
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    Anna Moneymaker / Staff via Getty Images

    Private equity in crosshairs under aggressive FTC antitrust posture

    Even divested assets that firms acquire from other companies trying to pass antitrust review could be seen as a problem if the government sees too much concentration happening, specialists say.

    By • Nov. 30, 2022
  • A lawyer looks at their laptop while sitting in an office
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    Paul Bradbury via Getty Images

    In-house counsel jobs have become far more demanding

    The fallout from the COVID-19 pandemic has further increased workloads for legal department lawyers who must address a complex array of issues.

    By Henrik Nilsson • Nov. 30, 2022
  • SEC under fire
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    Chip Somodevilla via Getty Images

    Insiders central to SEC enforcement efforts

    The whistleblower program administered by the Securities and Exchange Commission is getting more tips than ever, but not everyone is happy with the way things are going.

    By • Nov. 29, 2022
  • Black businessman in front of the office building
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    NoSystem Images via Getty Images

    HR largely complying with NYC pay transparency laws

    Labor experts are highlighting all kinds of unintended consequences of salary disclosure.

    By Caroline Colvin • Nov. 28, 2022
  • Group of diverse people
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    courtneyk via Getty Images

    41 legal departments honored for their efforts to boost diversity

    HP, McDonald’s, Pfizer and U.S. Bank are among those whose legal functions achieved Mansfield Rule certification from Diversity Lab. 

    By • Nov. 22, 2022
  • legal liability
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    Stephen Brashear / Stringer via Getty Images

    Analysis fails to show 737 MAX 8 cover-up led to over-priced tickets

    The 5th U.S. Circuit Court of Appeals dismissed class-action lawsuits against Boeing and Southwest Airlines for allegedly defrauding passengers by hiding the safety risk of the once-grounded plane.

    By • Nov. 22, 2022
  • SEC under fire
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    Chip Somodevilla via Getty Images

    GCs key as companies prepare for clawback rule

    Many companies already have a policy in place but it likely differs from what’s required by the Securities and Exchange Commission.

    By • Nov. 21, 2022
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    Jack Taylor / Stringer via Getty Images

    New FTX CEO blasts ‘complete failure of corporate controls’ under Bankman-Fried

    CEO John Ray didn’t mince words in discussing mismanagement of the crypto exchange by its founder and others.

    By Gabrielle Saulsbery • Nov. 17, 2022
  • SEC under fire
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    Chip Somodevilla via Getty Images

    SEC: Big fines make violations more than a cost of doing business

    The Securities and Exchange Commission ramped up enforcement and extracted record fines in fiscal year 2022, a signal to companies that it wants to see a change in behavior.

    By • Nov. 16, 2022
  • Elon Musk
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    Maja Hitij / Staff via Getty Images

    Board, not Musk, crafted disputed pay plan for Tesla chief, director testifies

    CEO Elon Musk is fighting a shareholder lawsuit that alleges he influenced the carmaker’s board to pass a pay package that would net him as much as $56 billion after his stock options vest.

    By • Nov. 15, 2022
  • A new general counsel is introduced to their colleagues in an office setting
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    VioletaStoimenova via Getty Images
    Deep Dive

    More large companies are hiring experienced outsiders for GC posts

    Rapid changes sparked by the COVID-19 pandemic have prompted Fortune 500 corporations to frequently seek legal department leaders from outside their ranks.

    By • Nov. 15, 2022
  • Protestors march to a building where Amazon owner Jeff Bezos owns property on July 15, 2019 in New York City.
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    Kevin Hagen / Stringer via Getty Images

    Gut check: There’s a difference between layoffs in tech and tech-sector layoffs

    Despite chaos at Twitter, high-profile hiring freezes and cuts at the largest tech companies, hiring tech workers still proves difficult.

    By Matt Ashare • Nov. 15, 2022
  • WASHINGTON, DC - MARCH 09: Elon Musk, founder and chief engineer of SpaceX speaks at the 2020 Satellite Conference and Exhibition March 9, 2020 in Washington, DC. Musk answered a range of questions re
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    Win McNamee / Staff via Getty Images

    Twitter lawyer recommends engineers seek whistleblower protection

    To the extent staff are being asked to certify privacy compliance to speed product changes under new owner Elon Musk, they should try to protect themselves, an anonymous in-house counsel says.

    By • Nov. 11, 2022
  • A group of business people stack their hands on top of one another
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    PeopleImages via Getty Images

    Why privacy professionals should work closely with company engineers

    Transcend's general counsel, Brandon Wiebe, said the increasingly technical nature of data privacy regulations requires cross-functional collaboration. 

    By • Nov. 11, 2022
  • People enter and exit UBS Bank in NYC.
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    Chris Hondros via Getty Images

    UBS chief risk officer quits to pursue photography career

    Christian Bluhm developed an interest in photography after a friend showed him how to capture a photo of the Big Dipper.

    By Anna Hrushka • Nov. 10, 2022
  • Mergers and acquisitions
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    PeopleImages via Getty Images

    M&A disputes are up, making due diligence key

    Valuation differences, among other things, are driving up disputes as inflation, potential recession hang over deals.

    By • Nov. 10, 2022
  • A sign directs voters at a polling place on November 08, 2022 in Milwaukee, Wisconsin.
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    Scott Olson via Getty Images

    Midterms result in marijuana, minimum wage and right-to-work changes

    While most eyes focused on congressional and gubernatorial races, a number of state and local ballot initiatives touched upon hot-button workplace issues.

    By Ryan Golden • Nov. 10, 2022
  • Cropped shot of a man having a therapeutic session with a psychologist.
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    PeopleImages via Getty Images
    Deep Dive

    How to address mental health issues in compliance with FMLA, ADA

    Due to the prevalence of mental health issues, employees are often in in need of family medical leave, accommodations, or EAP assistance.

    By Laurel Kalser • Nov. 8, 2022
  • Customers sit outside a Starbucks coffee store on May 31, 2006 in Seoul, South Korea.
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    Chung Sung-Jun via Getty Images

    Starbucks rethinks employee technology as it navigates workforce tension

    The coffee chain is piloting an employee engagement app designed to build community, an effort to moderate backlash over its treatment of employees and working conditions.

    By Lindsey Wilkinson • Nov. 8, 2022
  • Books
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    Justin Sullivan via Getty Images

    Book publishers struggled to win points in DOJ antitrust case

    Attorneys for Penguin Random House and Simon & Schuster couldn’t convince a federal judge a market for anticipated top sellers didn’t exist or that, given their history, big publishers wouldn’t drive down author advances.

    By • Nov. 8, 2022
  • An exterior shot of Twitter headquarters in San Francisco
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    David Odisho via Getty Images

    Ex-Twitter lawyers likely to attract employer interest, recruiters say

    Even though the in-house job market has softened, lawyers from the social media giant have experience that should help them land new gigs.

    By • Nov. 7, 2022