Emerging Issues


  • Embroker, Hurms, AI liability
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    Designer491 via Getty Images
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    Opinion

    Shielding your organization from AI-related liability

    There are some basic building blocks to ensure your insurance strategy is adequate. 

    By Corrie Hurm • Feb. 7, 2025
  • A shadow of the lady justice projected onto a white wall.
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    iStock via Getty Images
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    Legal Dive to stop publishing

    On Feb. 22, 2025, Legal Dive will stop publishing. We hope our daily coverage of the legal space was helpful to you.

    By Davide Savenije • Feb. 6, 2025
  • in-house counsel Explore the Trendline
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    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
  • DOJ Sues To Block Penguin Random House's Acquisition Of Rival Simon And Schuster
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    Justin Sullivan / Staff via Getty Images
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    Publishing giants sue Idaho over state law enabling book bans

    The plaintiffs allege HB 710 is unconstitutional and forces schools and public libraries to guess if any member of the public might object to any book.

    By Roger Riddell • Feb. 6, 2025
  • RealPage, DOJ, antitrust
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    Feverpitched via Getty Images
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    Opinion

    DOJ’s rental price-fixing suit is following a misguided path

    Regulators would like to think that RealPage’s price suggestions are rate mandates, but they only speak to a hypothetical price status at a given point in time. 

    By Andrew Ketterer • Feb. 4, 2025
  • CEO leads a discussion among executives at the company
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    Caiaimage/Caiaimage/Robert Daly via Getty Images
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    Vanguard dilutes diversity guidelines for US board proxy voting

    The updated policies exclude a recommendation that boards “at a minimum, represent diversity of personal characteristics, inclusive of at least diversity in gender, race and ethnicity.”

    By Lamar Johnson • Feb. 4, 2025
  • Distorted Form I-9 paperwork
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    Photo Illustration: Shaun Lucas/Getty Images/DHS

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    Deep Dive

    It’s not just workplace raids. Mishandled electronic I-9s could be a costly immigration threat for employers under Trump.

    A group of legal experts is sounding the alarm that noncompliant electronic Form I-9 vendors could put unsuspecting employers at risk.

    By Ryan Golden • Feb. 3, 2025
  • Trump tariffs
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    Michael M. Santiago via Getty Images
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    Trump tariffs present untested legal areas for trade litigation

    The president’s first use of emergency national security powers to impose tariffs poses a legal question about how much deference courts decide to show, experts say.

    By Feb. 3, 2025
  • AI washing, Wiley Law
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    supatman via Getty Images
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    Opinion

    Federal ‘AI washing’ enforcement likely to continue

    Although the Trump administration is unlikely to push AI-specific regulation, companies overstating their claims about the technology face laws against fraud and misrepresentation.   

    By Duane Pozza and Nick Peterson • Jan. 31, 2025
  • DEI, Fisher Phillips, Latham & Watkins
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    James Sullivan via Getty Images
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    Meta’s HR changes reflect widely touted aspirational approach to DEI

    Eliminating hard inclusivity goals won’t protect against reverse discrimination complaints but it will help, legal specialists say.

    By Jan. 30, 2025
  • Paul Atkins seen testifying at a hearing.
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    Brendan Hoffman via Getty Images
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    Deep Dive

    Trump’s softer-touch SEC may ease CFO regulatory burden

    By slimming the SEC’s budget, headcount and regulatory scope, a new agency chief would fall in step with Trump’s cost-cutting and efficiency campaign.

    By Jim Tyson • Jan. 30, 2025
  • Spirit Airlines Frontier Airlines mergers
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    Joe Raedle via Getty Images
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    Spirit Airlines rejects fresh Frontier merger offer amid bankruptcy

    The two budget carriers had been discussing a combination for months, with Spirit rejecting a post-Chapter 11 proposal as “woefully insufficient” for creditors.

    By Jan. 29, 2025
  • Russ Vought OMB Trump spending
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    Federal aid freeze may become first Trump case before Supreme Court

    The order to pause nearly all U.S. financial assistance for executive branch review poses a constitutional test of the president’s impoundment powers.

    By Jan. 28, 2025
  • RealPage, Bruce Abramson, algorithmic pricing
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    Designer491 via Getty Images
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    Opinion

    AI pricing is market efficiencies at work

    The Trump administration can serve consumers by rejecting the Biden administration's effort to use antitrust laws to stifle innovation in pricing tools. 

    By Bruce Abramson • Jan. 28, 2025
  • Algorithmic pricing, RealPage, Salomon, Washington state
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    MichaelVi via Getty Images
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    State lawmaker seeks ban in new shot at algorithmic pricing

    Landlords’ use of automated rent-setting software is “plainly illegal,” Sen. Jess Salomon in Washington state says.

    By Jan. 27, 2025
  • Ninth Circuit appeals courts Congress
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    Justin Sullivan via Getty Images
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    Long-sought 9th Circuit split returns to GOP Senate under Trump

    The controversial proposal dates back several decades and would create a 12th Circuit to hear cases for a broad swath of seven Western states.

    By Jan. 24, 2025
  • Trump executive orders, Akin Gump, executive order tracker
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    Anna Moneymaker / Staff via Getty Images
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    Resource helps counsel track Trump executive orders

    And there are a lot of them — more than 40 after just three days of the new administration, Akin Gump’s real-time-updated tracker shows.

    By Jan. 24, 2025
  • misconduct complaints, penn state, gough
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    gesrey via Getty Images
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    New Jersey ban on NDAs for misconduct isn’t having much impact

    It plays little role in decisions to come forward because few people seem to know about it, a report says.

    By Jan. 23, 2025
  • Trump signs an executive order at the Oval Office.
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    Anna Moneymaker via Getty Images
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    Trump orders agencies to target private-sector DEI

    In a Tuesday executive order, President Trump asked members of his administration to develop a strategic enforcement plan to deter “illegal” DEI programs and principles.

    By Emilie Shumway • Jan. 22, 2025
  • AI litigation, hiring bias
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    Vertigo3d via Getty Images
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    Unhappy consumers will drive the next wave of AI lawsuits

    If your company is using AI to make decisions or provide guidance, expect pushback when people don’t like how that impacts them, an AI legal specialist says.

    By Jan. 15, 2025
  • antitrust FTC DOJ Trump
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    Drew Angerer via Getty Images
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    Q&A

    Trump’s antitrust approach will share traits with Biden, litigator predicts

    Corporate America expects big change at the DOJ and FTC, but Trump populism will mean continuity on many issues, an antitrust specialist contends.

    By Jan. 14, 2025
  • law lawyers mental health business
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    Liubomyr Vorona via Getty Images
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    Do lawyers have a duty to report a struggling colleague?

    Across the profession, lawyers struggle with mental health issues, substance abuse and cognitive decline, but there are resources to help.

    By Jan. 10, 2025
  • ESG legal risk
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    Worawith Ounpeng via Getty Images
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    ESG tops in-house counsel litigation concerns

    Organizations bringing lawsuits are finding more ways to tie company actions to impacts, a report finds.

    By Jan. 10, 2025
  • Team of hackers dressed in black work on computers in dark room.
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    gorodenkoff via Getty Images
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    Cyberattacks, tech disruption ranked as top threats to business growth

    Forty percent of executives view data breaches and leaks as the most financially burdensome man-made threats, a Chubb study found.

    By Alexei Alexis • Jan. 8, 2025
  • 2025 outlook, legal trends, AI, regulations, GIPA
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    Jae Young Ju via Getty Images
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    Deep Dive

    6 in-house legal trends to watch in 2025

    AI adoption and ROI, interstate litigation and increased settlements in M&A approvals are among the topics in-house counsel can expect to feature prominently in 2025.

    By , Jan. 8, 2025
  • ICE, worksite raids, I-9 forms, TRAC, Troutman Pepper
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    Criminal prosecution possible for employing illegal workers but enforcement is lax

    A one-year snapshot taken during the first Trump term shows no company criminally prosecuted for having workers not authorized to be in the country, a Syracuse University project shows.

    By Jan. 6, 2025