Emerging Issues
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SCOTUS hands development interests a wetlands win
The court unanimously sided with a household to build a house but a dissent points to concern that a more stringent definition of “waters” under the Clean Water Act could leave too many wetlands at risk.
By Robert Freedman • May 26, 2023 -
C-suite leaders see AI boosting productivity: KPMG
More than 60% said generative AI also could end up encouraging innovation and help create more products and services.
By Alexei Alexis • May 25, 2023 -
Explore the Trendline➔
PeopleImages via Getty ImagesTrendline2023 in-house legal outlook: Value creation rises to the top
Legal leaders say legal operations and technology will be central to doing more with less this year.
By Legal Dive staff -
Lessen the chance WhatsApp brings you down with a readiness assessment
Regulators don’t expect every company’s communication retention policy to look the same, but they want you to have a rationale for the approach you take.
By Robert Freedman • May 25, 2023 -
Louisiana bill would require litigation funding disclosure
If passed, Louisiana would join New Jersey and Wisconsin in targeting the growing use of outside funding.
By Robert Freedman • May 24, 2023 -
First Citizens sues HSBC over departure of SVB bankers
The North Carolina bank accused a former SVB executive of helping HSBC, his new employer, incite a mass migration of talent and trade-secret information.
By Dan Ennis • May 23, 2023 -
Generative AI is creating advisory work for legal teams
Some in-house departments have created AI working groups and others are helping to educate customers about the emerging technology, legal chiefs said.
By Lyle Moran • May 23, 2023 -
Opinion
Why it’s imperative lawyers adopt a ‘legal copilot’ model with AI
By combining AI and human capabilities, organizations can leverage the strengths of both to improve decision-making and achieve better outcomes.
By Johannes (Jan) Scholtes and Geoffrey Vance • May 19, 2023 -
EEOC issues guide to auditing AI for discrimination
The document cautions employers that they may be responsible for such tools even if designed and administered by a vendor.
By Kate Tornone • May 18, 2023 -
How OpenAI’s associate GC is using ChatGPT for legal work
The generative AI chatbot can be a helpful starting point for legal writing and research tasks, said Ashley Pantuliano.
By Lyle Moran • May 18, 2023 -
FTC sues to block Amgen’s $27.8B deal for Horizon
The regulator’s challenge will test a more expansive view of how pharmaceutical mergers could harm consumers. Amgen remains confident it can complete the deal, however.
By Jonathan Gardner • May 16, 2023 -
SEC fines HSBC $15M, Scotia $7.5M for WhatsApp use
The settlement terms recognize the two companies came forward and cooperated with the agency after they discovered employee and executive use of the instant messaging app and other off-channel communications.
By Robert Freedman • May 11, 2023 -
Former Uber CSO avoids prison time for ransomware coverup
Joseph Sullivan was convicted last year after covering up a cyberattack while the ride sharing firm was under a Federal Trade Commission probe.
By David Jones • May 5, 2023 -
Opinion
How generative AI is changing the game for contract management teams
The technology has already reached a startling level of accuracy, capable of performing a wide variety of research work that can then be reviewed by a trained legal professional.
By Praful Saklani • May 4, 2023 -
Feds probe Goldman’s dealings with SVB in lead-up to collapse
The investment bank was both a buyer of SVB’s bond portfolio and adviser of its failed capital raise in the days ahead of the regional lender’s collapse in March.
By Anna Hrushka • May 4, 2023 -
Don’t ignore state antitrust risks, competition specialists say
States tend to be more transparent in their efforts, which can give in-house counsel opportunities to get their company’s story out.
By Robert Freedman • May 3, 2023 -
FTC’s Khan cites growing reach of noncompetes as a spark for ban idea
The agency’s chair also highlighted that innovation has not been stifled in states such as California which prohibit noncompetes.
By Lyle Moran • May 3, 2023 -
What does feds’ latest caution on AI mean for employers?
Last week’s statement from four agency heads showed a “united federal intent” to address growing AI adoption, a Littler Mendelson attorney said.
By Ryan Golden • May 2, 2023 -
Last-minute settlement took Dominion’s co-lead attorney by surprise
Stephen Shackelford of Susman Godfrey draws a straight line from the agreement with Fox to Tucker Carlson’s firing even though that was not one of the terms.
By Robert Freedman • May 2, 2023 -
FTC merger review kills Calif. cement deal
The action is the latest in a stepped-up effort by the agency’s competition bureau to block deals that might have gotten through in earlier years.
By Robert Freedman • May 1, 2023 -
Alabama Extension. (2020). "The Image" [Photograph]. Retrieved from Flickr.
No property damage, another court rules in COVID insurance battle
In the latest blow to a company hoping to get relief for business interruption, a federal district court agreed with an insurer that it doesn't owe money because of the pandemic.
By Robert Freedman • April 28, 2023 -
FTC proposed noncompete ban gets state AG boost
More than a third of the country’s state attorneys general say the FTC is right to allow employees to work where they want after leaving a job, although they don’t want the agency’s rule to preempt what they’re doing.
By Robert Freedman • April 28, 2023 -
Why Fox is likely to pay much less than $787.5M in defamation settlement
The company is expected to deduct a portion of the cost as a necessary business expense, and its liability insurer could pick up a substantial portion of the remaining amount.
By Robert Freedman • April 27, 2023 -
SVB, Signature CEOs unlikely to face clawbacks any time soon
Regulators’ authority to recapture executive pay is limited and bills to enhance that authority face hurdles.
By Robert Freedman • April 25, 2023 -
How PwC will use generative AI to assist with legal work
The global firm recently announced a partnership with the legal startup Harvey, a platform built on artificial intelligence technology from OpenAI.
By Lyle Moran • April 25, 2023 -
Q&A
ChatGPT says it’s not ready to be a CFO
CFO Dive decided to engage the popular AI tool in a conversation about both its potential and limitations in corporate finance.
By Alexei Alexis • April 25, 2023