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 Robert Freedman • April 23, 2024

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 Robert Freedman • April 17, 2024

Explore the 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

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 Robert Freedman • April 16, 2024

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 Robert Freedman • April 15, 2024

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 Robert Freedman • April 12, 2024

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 Robert Freedman • April 3, 2024

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 Robert Freedman • March 28, 2024

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

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 Robert Freedman • March 27, 2024

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

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

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 Robert Freedman • March 21, 2024

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 Robert Freedman • March 20, 2024

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 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

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

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

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 Robert Freedman • March 13, 2024

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

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

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 Robert Freedman • March 8, 2024

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 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 Robert Freedman • March 7, 2024

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

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 Robert Freedman • Feb. 29, 2024