Emerging Issues


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    SEC cyber disclosure rules put CISO liability under the spotlight

    Corporate officers can also be held personally liable for how they respond to data security issues, including through lawsuits from investors.

    By David Jones • Sept. 21, 2023
  • Man using a laptop computer chatting with an intelligent artificial intelligence asks for the answers he wants.
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    Supatman via Getty Images
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    Most workers use AI, usually without company safeguards

    Workers are quickly adopting generative AI, and most of them believe the powerful tools do not threaten their jobs, a Conference Board survey found.

    By Jim Tyson • Sept. 21, 2023
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    Trendline

    Top 5 stories from Legal Dive

    General counsel were focused on cutting costs, finding value early in 2023. Halfway through the year, they’re also trying to make sense of geneative AI and meet growing regulatory challenges.  

    By Legal Dive staff
  • SEC, CFTC
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    Opinion

    Maintaining compliance as SEC cracks down on encrypted messaging apps

    Navigating enforcement actions and keeping up with regulatory expectations can help your organization benefit from use of the apps while keeping risks aligned with requirements.   

    By Chris Lehman • Sept. 20, 2023
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    Mario Tama via Getty Images
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    Morgan Stanley faces $750M lawsuit over rail-line lending

    Two private-equity firms accused the bank of breach of contract and fraud over the restructuring of a deal involving investments in a loan to high-speed rail operator Brightline Holdings.

    By Gabrielle Saulsbery • Sept. 19, 2023
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    Courtesy of EG Group
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    M&A slump drives 49% decline in sale leasebacks

    This year’s slow mergers and acquisitions market is having a knock-on effect on certain commercial real estate deals.

    By Maura Webber Sadovi • Sept. 19, 2023
  • A businessperson with a generative AI brain concept above his hand
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    chombosan via Getty Images
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    Generative AI provides significant boost to knowledge workers, study finds

    Access to emerging AI resulted in higher-quality work and was particularly helpful for workers categorized as bottom-half-skill performers, a Harvard Business School study found. 

    By Sept. 18, 2023
  • A mourner pauses in front of a memorial for the nine victims of a shooting.
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    Justin Sullivan via Getty Images
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    California set to require workplace violence prevention plans

    Senate Bill 553, which the Legislature approved, would require most businesses to maintain logs on violent incidents.

    By Ginger Christ • Sept. 18, 2023
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    Jerod Harris via Getty Images
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    Companies face Scope 3 emissions reporting in Calif. bill heading to Gov.

    Calculating carbon released throughout a company’s entire supply chain will be difficult for small and mid-sized businesses, critics of SB 253 said.

    By Sept. 13, 2023
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    Piracy websites at core of class action lawsuit against OpenAI

    Plaintiffs accuse the generative AI company of going to websites that illegally make books available for free online to train its large language models.

    By Sept. 12, 2023
  • A sign near an entranceway to Walt Disney World on May 22, 2023 in Orlando, Florida.
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    Joe Raedle via Getty Images
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    Disney scales back its federal lawsuit against DeSantis

    The company’s amended complaint focuses solely on allegations the governor and other Florida officials violated its First Amendment rights to oppose controversial legislation.

    By Sept. 8, 2023
  • Actor Margot Robbie driving car in the movie "Barbie."
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    Retrieved from Warner Brothers on August 30, 2023
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    Opinion

    How to channel your inner Barbie when negotiating compensation

    Too often women in-house lawyers are being paid less than men. They need to become their own best advocate.

    By Heather Fine • Sept. 7, 2023
  • Southwest Airlines aircrafts are seen at Baltimore/Washington International Thurgood Marshall Airport (BWI) on December 22, 2021 in Baltimore, Maryland.
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    Alex Wong via Getty Images
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    Judge in Southwest case doubles down on religious liberty training order

    U.S. Judge Brantley Starr said the training from a Christian legal advocacy group was “more necessary now than ever before.”

    By Sept. 6, 2023
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    Adam Glanzman via Getty Images
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    New Balance files infringement complaint against Golden Goose over dad shoes

    The athleticwear giant is taking ownership of its previously uncool style by targeting what it claims are copycat designs.

    By Lara Ewen • Sept. 5, 2023
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    Justin Sullivan via Getty Images
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    NLRB widens definition of protected activity in new ruling

    A flurry of labor board decisions in recent weeks has expanded worker protections.

    By Ginger Christ • Sept. 1, 2023
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    JayLazarin via Getty Images
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    Goldman to pay $5.5M CFTC fine over alleged recordkeeping failures

    Software issues caused the bank to fail to record thousands of phone calls, violating recordkeeping rules and a prior cease-and-desist order, the agency said.

    By Gabrielle Saulsbery • Sept. 1, 2023
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    Pekic via Getty Images
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    9 in 10 companies will return to office by end of 2024, survey says

    28% of respondents said their organizations would threaten to fire employees who don’t follow new in-person mandates.

    By Carolyn Crist • Aug. 31, 2023
  • Court of Law and Justice Trial Session: Imparcial Honorable Judge Pronouncing Sentence, striking Gavel. Focus on Mallet, Hammer. Cinematic Shot of Dramatic Not Guilty Verdict.
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    Generative AI copyright battle heats up with Copyright Office inquiry

    Officials are looking into the use of protected works to train AI models and whether copyright protections should be granted to AI-generated works.

    By Lindsey Wilkinson • Aug. 31, 2023
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    da-kuk via Getty Images
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    The American Bar Association launches AI-focused task force

    The panel, which features some well-known special advisors, is charged with developing AI best practices for the legal profession.

    By Aug. 30, 2023
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    Deals need more time as FTC, DOJ hike antitrust scrutiny

    Contract termination dates should reflect the more burdensome reviews and increased litigation risk that mergers face today, experts say.

    By Lisa Burden • Aug. 29, 2023
  • Cemex concrete plant in Rudersdorf, Germany
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    Sean Gallup via Getty Images
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    NLRB: Unions can represent workers without an election

    The Cemex decision is meant to dissuade employers from choosing to “abuse” NLRB’s election procedure, the board chairman said.

    By Ginger Christ • Aug. 28, 2023
  • fake news, hoax, false information and propaganda
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    Alicja Nowakowska via Getty Images
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    Sweeping EU digital misinformation law takes effect

    Facebook, Amazon and other large tech companies must curb hate speech, propaganda and other harmful content under the Digital Services Act. Smaller companies will face compliance next.

    By Aug. 23, 2023
  • A Southwest Airlines airplane taxies from a gate at Baltimore Washington International Thurgood Marshall Airport on October 11, 2021 in Baltimore, Maryland.
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    Kevin Dietsch via Getty Images
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    Judge in Southwest Airlines case faces misconduct complaint

    The leader of Fix the Court said a federal judge ordering three Southwest lawyers to participate in religious liberty training “sets a dangerous precedent.”

    By Aug. 18, 2023
  • Businessman shaking hands with AI
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    jittawit.21 via Getty Images
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    Getting ahead of the AI culture shift

    With so many companies focused on AI lately, a “cross-functional AI SWAT team” is key to helping senior leadership teams stay one step ahead.

    By Grace Noto • Aug. 17, 2023
  • A businessperson with a generative AI brain concept above his hand
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    chombosan via Getty Images
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    Generative AI quickly rises ranks among leading enterprise risks

    Data privacy, cybersecurity and IP issues are contributing to risk executives’ concerns as the latest AI tools gain greater traction, Gartner reports.

    By Aug. 14, 2023
  • People hold signs while protesting in front of Starbucks on April 14, 2022 in New York City.
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    Michael M. Santiago via Getty Images
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    Starbucks’ ‘overbroad’ workplace civility rule oversteps NLRA, Board rules

    On the heels of its Stericycle ruling, NLRB said Starbucks must rescind its “How We Communicate” workplace policy.

    By Caroline Colvin • Aug. 14, 2023