Emerging Issues


  • Lawyer moving to in-house legal role
    Image attribution tooltip
    katleho Seisa via Getty Images
    Image attribution tooltip

    Law firm allows associates to ‘test drive’ in-house role

    Many lawyers consider moving in-house, so Husch Blackwell is helping its talent explore those roles while gaining insights to better serve clients, the firm says.

    By Lisa Burden • June 14, 2024
  • A person holding a nonbinary pride flag is seen from behind.
    Image attribution tooltip
    nito100 via Getty Images
    Image attribution tooltip

    How to factor all genders into pay equity discussions

    Generally, discussions about pay equity focus on the gender pay gap between men and women but fail to consider those who identify as nonbinary and to address intersectionality.

    By Ginger Christ • June 12, 2024
  • legal outlook Explore the Trendline
    Image attribution tooltip
    Sean Anthony Eddy via Getty Images
    Image attribution tooltip
    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
  • SEC no-action requests on 2024 shareholder proxy vote proposals
    Image attribution tooltip
    Chip Somodevilla via Getty Images
    Image attribution tooltip

    SEC views more shareholder proposals as micromanagement efforts

    After a 2021 change in no-action reviews caused a backlash among institutional investors, Securities and Exchange Commission staff appear to side more with companies against activist shareholders. 

    By June 7, 2024
  • ACLU asks FTC to enjoin Aon from selling AI employment assessment tools
    Image attribution tooltip
    jlvphoto via Getty Images
    Image attribution tooltip

    ACLU asks FTC to probe Aon AI employment assessment tools for bias

    The organization also wants the agency to enjoin the company from making deceptive claims in its marketing and to pause the sale of the tests until the discriminatory impact is eliminated.   

    By May 31, 2024
  • Consumer lawsuits against companies
    Image attribution tooltip
    Zerbor via Getty Images
    Image attribution tooltip
    Opinion

    Mitigating risk from consumer claims

    Hotels and restaurants are particularly vulnerable to ADA claims, while producers and sellers of consumer packaged goods are vulnerable to misleading packaging claims. 

    By Sedina L. Banks and Ira M. Steinberg • May 30, 2024
  • FTC, DOJ seek info on private equity and other roll-ups as they increase antitrust efforts
    Image attribution tooltip
    mphillips007 via Getty Images
    Image attribution tooltip

    FTC leans on aggressive view of ‘unfair practices’ as it joins DOJ in call for roll-up information

    Private equity firms could be in the crosshairs as the agencies, trying to spot market concentration, ask the public to inform them of serial acquisitions.   

    By May 29, 2024
  • Khan says worker fears drive FTC antitrust effort
    Image attribution tooltip
    Kevin Dietsch / Staff via Getty Images
    Image attribution tooltip

    Workers’ fears are driving FTC antitrust policy, Khan says

    Employees and small businesses are too often afraid a false move will lead to their ruin if they run afoul of Amazon or other companies that have a stranglehold over markets, the agency chair says.

    By May 22, 2024
  • Muldrow SCOTUS decision
    Image attribution tooltip
    MStock via Getty Images
    Image attribution tooltip

    Door opens wider for workplace discrimination claims

    A notable Supreme Court ruling makes clear that employees need not show “significant harm” in job transfer bias cases.

    By David Weisenfeld • May 15, 2024
  • Microsoft AI antitrust concerns
    Image attribution tooltip
    jeenah Moon via Getty Images
    Image attribution tooltip
    Opinion

    Microsoft is thinking out of the box on AI. Will the Biden Administration?

    Microsoft’s moves in the AI space are the kind of “nonacquisition acquisitions” that the FTC should look at closely through an antitrust lens. 

    By David Balto • May 9, 2024
  • garden leave as alternative to noncompete agreement
    Image attribution tooltip
    William_Potter via Getty Images
    Image attribution tooltip

    Garden leave could add value as noncompete alternative

    Paying outgoing employees to remain as a resource while a replacement gets up to speed could gain currency as companies seek new ways to protect their interests.  

    By May 8, 2024
  • WSJ compliance summit on AI legal issues
    Image attribution tooltip
    inkoly via Getty Images
    Image attribution tooltip

    Companies using Gen AI weigh regulatory and compliance risks

    Generative AI has endless use cases, but it also introduces risks amid demands for transparency, explainability and bias mitigation, executives say.

    By Suman Bhattacharyya • May 7, 2024
  • Clarify Capital noncompete ban survey
    Image attribution tooltip
    Cecilie_Arcurs via Getty Images
    Image attribution tooltip

    16% of employees plan to quit once noncompete ban takes effect

    7% plan to start a rival business, according to a survey of 500 employees conducted by a small business lender.

    By May 7, 2024
  • non compete ban on private equity
    Image attribution tooltip
    P_Wei via Getty Images
    Image attribution tooltip

    FTC noncompete ban risks blowing up private equity deals

    Investors will be reluctant to buy a portfolio company if they can’t get assurance the executives won’t leave to start a rival business, a trade secret specialist says.

    By April 25, 2024
  • FTC sued for noncompete ban
    Image attribution tooltip
    Alex Wong / Staff via Getty Images
    Image attribution tooltip

    Chamber of Commerce sues to block FTC noncompete ban

    The agency exceeded its authority in enacting the rule, the business group says in a complaint that asks the rule be vacated and the FTC enjoined from enforcing it. 

    By April 24, 2024
  • TopBuild, SPI merger
    Image attribution tooltip
    pornchai samrhubsuk via Getty Images
    Image attribution tooltip

    Pulling back from HSR antitrust review cost company $23M

    The Department of Justice wouldn’t approve the deal without changes all sides could accept, leaving the company on the hook for a big contract termination fee.

    By April 23, 2024
  • DOJ voluntary self-disclosure pilot program
    Image attribution tooltip
    Bo Shen via Getty Images
    Image attribution tooltip

    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
    Image attribution tooltip
    Win McNamee / staff via Getty Images
    Image attribution tooltip
    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
  • AI in patent applications
    Image attribution tooltip
    Designer491 via Getty Images
    Image attribution tooltip

    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
    Image attribution tooltip
    FreshSplash via Getty Images
    Image attribution tooltip

    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
    Image attribution tooltip
    Michael M. Santiago via Getty Images
    Image attribution tooltip

    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
    Image attribution tooltip
    Drew Angerer / Staff via Getty Images
    Image attribution tooltip

    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
    Image attribution tooltip
    May Lim via Getty Images
    Image attribution tooltip
    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
    Image attribution tooltip
    Thos Robinson via Getty Images
    Image attribution tooltip

    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
    Image attribution tooltip
    Designer491 via Getty Images
    Image attribution tooltip

    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
    Image attribution tooltip
    Lyle Moran/Legal Dive
    Image attribution tooltip

    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 Lyle Moran • March 21, 2024