Emerging Issues


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    Ransomware leak site posts jumped 20% in Q2

    Threat groups claimed attacks on 1,237 organizations during the quarter, marking an increase from Q1. U.S.-based businesses accounted for more than half of all victims, Reliaquest found.

    By Matt Kapko • July 16, 2024
  • OpenAI NDAs, whistleblower protection, SEC
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    OpenAI NDAs violate whistleblower laws, attorneys tell SEC

    Even if the company has cleaned up its act, its past effort to keep insiders from talking about generative AI risks needs investigating, the attorneys say.

    By July 16, 2024
  • legal outlook 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
  • Moelis decision, shareholder agreements
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    A big shareholder could outgun board in bill headed to Delaware governor

    Corporate law scholars are concerned the bill will build into law a trend in which a founder or other key shareholder uses an agreement to exercise company control.

    By July 15, 2024
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    5 takeaways on costs, challenges of climate disclosure compliance

    Complacency regarding the SEC’s now-stayed rules could leave companies “scrambling to try to get ready” once they are put in place, PwC’s Marc Siegel said.

    By Maura Webber Sadovi • July 15, 2024
  • artificial intelligence (AI)
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    Gen AI and attorneys aren’t (yet) working well together, survey finds

    Lawyers were the most dissatisfied with generative AI results among corporate work groups, according to a quarterly Bain survey.

    By July 12, 2024
  • Supreme Court decisions
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    Supreme Court term showed justices’ ‘project’ to reallocate power, lawyers say

    The court disrupted regulatory agencies with its major business rulings, although federal courts may need to offer new stability, according to a legal panel.

    By July 11, 2024
  • FTC sweep of dark patterns of SaaS companies
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    76% of SaaS companies use ‘dark patterns,’ analysis finds

    With federal regulators and states clamping down on the practice, companies might take a hard look at how they’re presenting information on their websites and in their apps.

    By July 11, 2024
  • The letters AI on a digital block
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    AI policy, compliance leave lawyers more skeptical than executives: survey

    North America has so far adopted an “innovation-friendly” approach to AI regulations compared to countries in Europe and Asia, a report finds.

    By July 10, 2024
  • Loper
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    Loper Bright and Corner Post not the wins companies think they are, legal expert says

    The decisions create regulatory uncertainty that is toxic to business planning, says Todd Baker of Columbia Law School and a former big bank strategic planner.  

    By July 8, 2024
  • FTC noncompete ban temporarily stayed
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    Judge orders partial stay of FTC noncompete ban

    The agency likely overstepped its authority in issuing the substantive rule, Judge Ada Brown of Texas federal court ruled. It also likely acted arbitrarily and would cause irreparable harm to the plaintiffs.

    By July 4, 2024
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    Shareholders rejecting both ESG and anti-ESG proposals

    Only three of almost 1,000 proposals have been supported by shareholders so far in the 2024 proxy season.

    By July 1, 2024
  • Loper decision ending Chevron deference doctrine
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    Anna Moneymaker / Staff via Getty Images
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    Supreme Court deals big blow to federal agencies

    In a landmark ruling, the justices overturned a 40-year-old precedent and significantly reduced the power of federal agencies to interpret the laws they administer.

    By David Weisenfeld • June 28, 2024
  • NFL Sunday Ticket trial
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    Damian Dovarganes/AP

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    NFL slammed with $4.7B verdict in Sunday Ticket antitrust case

    A Calif. jury found that the NFL colluded to overcharge fans with its arrangement for selling access to out-of-market games.

    By June 28, 2024
  • DOJ attorneys maybe are heading for exit
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    Kevin Dietsch / Staff via Getty Images
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    Is an exodus of federal government attorneys coming? If so, in-house teams could benefit

    Attorneys with experience at agencies such as DOJ could assist with AI and other regulatory work and investigations, search executives say. 

    By Lyle Moran • June 28, 2024
  • DOJ use of statements of interest in antitrust law
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    Bo Shen via Getty Images
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    Do DOJ statements of interest put a target on your back?

    The Biden and Trump administrations have stepped up use of briefs in private antitrust actions. How they’re wielded might point to where the agency will sue next.

    By June 27, 2024
  • WASHINGTON, DC - MAY 25: People gather for a vigil on the one-year anniversary of George Floyd's murder in Lafayette Square near the White House on May 25, 2021 in Washington, DC.
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    Chip Somodevilla/Getty via Getty Images
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    Culture wars are invading the workplace. Call the lawyers.

    Trump and Biden aren’t just a voter problem. Politics is creating “cultural flashpoints” as personal political expression roils many companies.

    By June 21, 2024
  • FTC v. Welsh Carson and USAP
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    Dismissal in antitrust case hurts FTC targeting of private equity

    A PE firm shouldn’t be sued for the alleged anticompetitive actions of its operating company because it sold most of its stake and is now a minority owner, a federal judge ruled.

    By June 20, 2024
  • Cyberhackers-Ransomware
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    Ransomware victims becoming less likely to pay cyberhackers

    Demands jumped in 2023 even as more companies plot better defenses against attacks that can incur deep business interruption costs, a report says. 

    By June 17, 2024
  • Lawyer moving to in-house legal role
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    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.
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    nito100 via Getty Images
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    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
  • SEC no-action requests on 2024 shareholder proxy vote proposals
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    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
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    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
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    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
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    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
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    Kevin Dietsch / Staff via Getty Images
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    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