Emerging Issues


  • DOJ voluntary self-disclosure pilot program
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    Bo Shen via Getty Images
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    CEOs, CFOs can’t get non-prosecution agreement under DOJ pilot

    Criteria released by the Department of Justice April 15 lets corporate executives know if they stand a good chance of avoiding charges for coming forward with misconduct allegations.

    By April 17, 2024
  • antitrust lawsuit live nation ticketmaster
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    Win McNamee / staff via Getty Images
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    Column

    Coming Live Nation antitrust suit suggests DOJ got it wrong last time

    Critics have said the Department of Justice should have broken up Live Nation when it looked at its 2010 merger with Ticketmaster. A reported lawsuit that’s coming could try to make that happen. 

    By April 16, 2024
  • legal outlook Explore the Trendline
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    Sean Anthony Eddy via Getty Images
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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
  • AI in patent applications
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    Designer491 via Getty Images
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    Certify to accuracy but otherwise no AI disclosure needed, patent office says

    Disclosure would be needed if AI use is material to the patentability of something, the agency says in its latest AI guidance.

    By April 15, 2024
  • insider trading risk from at-home work
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    FreshSplash via Getty Images
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    Insider trading cases show need for remote-work ground rules

    Legal leaders can set expectations for employees who come in contact with sensitive information from another in the household when they’re both working from home.

    By April 12, 2024
  • Lina Khan and Jon Stewart on monopolies on The Daily Show
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    Michael M. Santiago via Getty Images
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    Too-big-to-care attitude sparks FTC antitrust probes, Khan says

    Even though it’s typically out-gunned by deep-pocketed companies and it relies on old laws, the agency has an approach that works for it, the high-profile commission chair says.

    By April 3, 2024
  • Russian sanctions for Ukraine war, litigation funding disclosure
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    Drew Angerer / Staff via Getty Images
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    Bloomberg Law report could fuel litigation finance disclosure push

    The publication details how the gray area of law occupied by third-party funding of legal cases could enable Russian oligarchs to evade sanctions. 

    By March 28, 2024
  • patent monetization
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    May Lim via Getty Images
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    Opinion

    Invisible assets, visible impact: Understanding the patent advantage

    Protecting your company’s intellectual property by developing a patent strategy isn’t typically a priority for general counsel, but it should be if you want to fully monetize your company’s assets. 

    By Keegan Caldwell • March 27, 2024
  • Nicole Shanahan ClearAccessIP legal tech entrepreneur patent law
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    Thos Robinson via Getty Images
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    RFK Jr.’s VP pick is a patent tech entrepreneur

    Nicole Shanahan spent 15 years helping companies create, manage and monetize patents before selling her company to one of the country’s biggest patent trolls.

    By March 27, 2024
  • AI and patent law
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    Designer491 via Getty Images
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    AI-assisted inventions should be encouraged, USPTO official says

    The practice comes with risks but the competitiveness of the U.S. relies on the future use of AI assistance in inventions, USPTO Director Kathi Vidal says. 

    By Suman Bhattacharyya • March 22, 2024
  • An Association of Corporate Counsel panel in Las Vegas focused on corporate pro bono programs
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    Lyle Moran/Legal Dive
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    How Amazon’s legal team built a global pro bono program

    Amazon GC David Zapolsky said it’s been inspiring to see members of his department provide legal support to those in need across the world. 

    By March 21, 2024
  • smartphone antitrust
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    Eric Thayer via Getty Images
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    DOJ, state AGs sue Apple for monopolization of smart phone market

    Apple has maintained monopoly power over smartphones by violating federal antitrust law, Attorney General Merrick Garland says. 

    By March 21, 2024
  • state laws regulating use of AI
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    Just_Super via Getty Images
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    16 states have AI laws, most of them to curb profiling

    Half of all states have AI laws under consideration, with profiling the biggest concern, a compilation shows.

    By March 20, 2024
  • SEC Chair sits with an even expression
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    Chip Somodevilla via Getty Images
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    Federal appeals court pauses SEC climate rule implementation

    The climate disclosure regulation is now on pause pending a review from the U.S. Fifth Circuit of Appeals, as the first of multiple challenges yields action.

    By Lamar Johnson • March 19, 2024
  • EU AI Act
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    Dragon Claws via Getty Images
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    EU AI law is sweeping but compliance seen as straightforward

    The most invasive uses of the technology would be banned while other uses would face requirements based on the degree of risk they pose to people’s rights.

    By David Weisenfeld • March 15, 2024
  • A businessperson with a generative AI brain concept above his hand
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    chombosan via Getty Images
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    Opinion

    When you choose a language model, remember that size isn’t everything

    While expensive models have their merits, success with LLMs in the business environment hinges much more on matching a model's capabilities with the specific requirements of the task.

    By Dawid Robert Kotur and Nick Long • March 14, 2024
  • A general view inside the European Parliament.
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    Christopher Furlong via Getty Images
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    EU lawmakers pass sweeping AI rules with global reach, stiff penalties

    Penalties include up to €35 million or 7% of a company’s total worldwide annual turnover — whichever is higher — for violations of a ban on “emotion recognition” in the workplace.

    By Alexei Alexis • March 13, 2024
  • Judicial forum shopping
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    Rick Loomis via Getty Images
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    Forum shopping limits could work best in diverse circuits

    Plaintiffs assigned a random district judge can still hope to win at the appellate level in ideologically aligned circuits, but in diverse circuits, that advantage could go away.

    By March 13, 2024
  • OpenAI CEO Sam Altman walks on the House side of the U.S. Capitol on January 11, 2024 in Washington, DC.
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    Kent Nishimura via Getty Images
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    OpenAI quells some enterprise fears as leadership saga concludes

    The AI startup’s board expansion to include more enterprise experience will partly allay customer worries, one expert said, but safety concerns across vendors persist.

    By Lindsey Wilkinson • March 11, 2024
  • Ryan McInerney with arms folded
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    Permission granted by Andy Gerit
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    Visa spends ‘billions’ battling cybersecurity threats

    The company is using generative artificial intelligence to thwart account-to-account fraud by way of Visa services.

    By Lynne Marek • March 11, 2024
  • whistleblower awards
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    1001Love via Getty Images
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    Awards will close gaps in whistleblower programs, Monaco says

    Recipients must be first in the door with information to get paid for coming forward under DOJ’s pilot program.  

    By March 8, 2024
  • IP audits help general counsel protect and add value
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    Rudzhan Nagiev via Getty Images
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    Opinion

    AI rise increases importance of IP audits

    Having a clear view of your company’s patents, trademarks, copyrights and trade secrets is a first step to protecting your intellectual property and building a process to maximize new IP value going forward. 

    By Stephen Sullivan • March 7, 2024
  • DOJ monetary whistleblower awards
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    Kevin Dietsch / Staff via Getty Images
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    DOJ planning to offer SEC-like whistleblower awards

    It’s not clear what authority the agency will rely on but details are expected soon, Bloomberg Law reported.

    By March 7, 2024
  • SCOTUS affirmative action ruling
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    xavierarnau via Getty Images
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    SCOTUS affirmative action ruling leaves opening for corporate DEI, former AG Holder says

    A carve-out for military academies suggests that what applies to educational institutions doesn’t necessarily extend to the business world.

    By Suman Bhattacharyya • March 4, 2024
  • Executive order restricting bulk data sales
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    Alex Wong / Staff via Getty Images
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    DOJ to use OFAC enforcement model for Biden order on bulk data sales

    Companies will need to have controls in place but there won’t be any prescriptive due diligence or reporting requirements to comply with data sales curbs to China, other adversarial countries.

    By Feb. 29, 2024
  • NYT OpenAI copyright infringement lawsuit
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    Ramin Talaie via Getty Images
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    OpenAI seeks to trim NYT lawsuit to fair use question

    The generative AI company accuses the newspaper of hiring a hacker to generate results that ordinary users wouldn’t get to make infringement look worse than it is.

    By Feb. 28, 2024