Emerging Issues


  • post roads act, sherman antitrust, telegraph lines, harmonic tones
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    Public domain via Getty Images
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    How antitrust law led to the telephone

    Alexander Graham Bell and Elisha Gray developed their technology for “harmonic tones” after a federal law fueled an R&D boom by lowering entry barriers for telegraph companies, an economist says. 

    By Sept. 10, 2024
  • AI GenAI legal technology
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    Legal AI adoption needs specific use cases, trials and patience, expert panel says

    Lawyers have realized that integrating AI into their work will be challenging, but a strategic approach to how the software is used can help.

    By Sept. 5, 2024
  • in-house counsel 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
  • Molson Coors beer
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    Christopher Doering/Legal Dive
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    Molson Coors latest company to revise DEI policy

    The beer giant will no longer participate in a scoring system by the Human Rights Campaign and will tie executive incentives to business performance, not “aspirational representation goals.”

    By Christopher Doering • Sept. 5, 2024
  • EU competition Illumina
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    Samuel Corum via Getty Images
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    Court ruling limits EU regulators’ merger review power

    The European Commission lacked oversight authority to examine the proposed sale of a cancer-detection company to biotech company Illumina, the court found.

    By Sept. 4, 2024
  • People speaking during a conference event.
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    sanjeri via Getty Images
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    Vanguard supported zero E+S proposals in 2024: report

    The lack of support for environmental and social proposals comes after the nation's second-largest asset manager supported just 2% in 2023.

    By Lamar Johnson • Sept. 3, 2024
  • A shot of three construction workers mid sections.
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    Brandon Bell via Getty Images
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    OSHA sets late December comment deadline for extreme heat standard

    The agency’s proposed rule would require employers to develop heat injury and illness prevention plans, among other actions.

    By Ryan Golden • Aug. 30, 2024
  • legal briefs legal software
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    Q&A

    Clearbrief’s CEO on why legal tech buyers are suffering ‘a bit of fatigue’

    The former litigator says most GenAI tools come without an industry focus and clear proof that they can meet the legal world’s functional needs.

    By Aug. 30, 2024
  • algorithmic pricing
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    Anya Berkut via Getty Images
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    RealPage lawsuit opens a new antitrust front for pricing algorithms

    The rise of Big Data across the economy raises antitrust concerns, especially where companies are sharing sensitive proprietary data, legal experts say.

    By Aug. 28, 2024
  • Jack Daniel's whiskey bottles displayed on shelf
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    Scott Olson via Getty Images
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    ‘New dynamics at play’: Jack Daniel’s maker ends DEI initiatives

    Brown-Forman Corp. cited a shifting legal and external landscape for its decision, as one prominent anti-DEI activist claimed credit for putting pressure on the company.

    By Ryan Golden • Aug. 28, 2024
  • mandatory arbitration, Chipotle
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    Justin Sullivan via Getty Images
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    Chipotle ruling exposes murky future of mandatory arbitration

    The 8th Circuit’s ruling that a sexual assault claim must go to court sheds light on how the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has shaken up arbitration law. 

    By David Weisenfeld • Aug. 26, 2024
  • DOJ lawsuit against RealPage
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    Anna Moneymaker / Staff via Getty Images
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    DOJ sues RealPage for rental-price fixing, but the company has arguments in its favor

    The company’s software effectively makes landlords participants in collusion, the agency alleges. That’s too low of an antitrust bar, critics say.

    By Aug. 23, 2024
  • BIPA law changes, reduced bipa liability
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    Liability reduced for companies facing biometric data privacy violations

    Changes to the Illinois Biometric Information Privacy Act create a more reasonable risk environment for companies that might otherwise face huge penalties.

    By Lisa Burden • Aug. 22, 2024
  • The Federal Deposit Insurance Corp. headquarters in Washington, D.C.
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    Anna Hrushka/Legal Dive
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    Trade groups seek extension on FDIC’s ‘hot money’ rule

    Organizations need 60 more days “to furnish responses and data that fulsomely address the questions and issues raised” by proposed changes on brokered deposits, 11 trade groups wrote.

    By Rajashree Chakravarty • Aug. 22, 2024
  • FTC noncompete ban, Juge Ada Brown
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    FTC exceeded its authority with noncompete ban, judge says

    The agency’s rulemaking under Sec 6(g) of the FTC Act is procedural, not substantive, Judge Ada Brown of Texas federal court says, blocking a nationwide rule that would have taken effect shortly.

    By Aug. 21, 2024
  • airlines antitrust Alaska Air Group
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    Stephen Brashear via Getty Images
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    DOJ allows Alaska Air-Hawaiian merger deal to proceed

    Tacit approval of Alaska Air acquiring the smaller carrier comes after the department sued to successfully block two previous airline combinations.

    By Aug. 20, 2024
  • The U.S. Securities and Exchange Commission seal hangs on the facade of its building.
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    Chip Somodevilla via Getty Images
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    Friend or foe: Unpacking what the amicus briefs say about the SEC’s climate rule

    Amicus briefs in the Securities and Exchange Commission’s ongoing lawsuit concerning its climate disclosure rule find institutional investors and businesses largely on opposite sides.

    By Lamar Johnson • Aug. 20, 2024
  • corporate activism backlash, Tom Lin, Temple Univ.
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    Andrew Burton via Getty Images
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    How to build social activism into your governance structure

    Companies don’t have to retreat from activism to avoid backlash if they align their values with their business in a way that makes sense, a law professor says.

    By Aug. 20, 2024
  • Sign on doorway for the Federal Trade Commission in Washington, D.C.
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    LD via Getty Images
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    FTC noncompete ban suffers another blow

    The ruling — which applies only to one Florida-based real estate broker — comes just weeks before the ban is slated to take effect.

    By Ryan Golden • Aug. 19, 2024
  • YouTuber sues Nvidia over AI video use
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    Justin Sullivan via Getty Images
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    Nvidia, OpenAI face YouTube creator lawsuits for using online videos

    A video creator alleges that the companies scraped his videos, and millions of others, without permission to help train their generative AI learning models.

    By Aug. 16, 2024
  • FTC, AMG, fake reviews
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    Gwengoat via Getty Images
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    Fake-ad rule will help FTC on enforcement, agency says

    The Federal Trade Commission says it can take enforcement action, but having the rule is expected to make it easier.

    By Aug. 15, 2024
  • AI
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    (Valentin Russanov) via Getty Images
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    AI for Legal: 5 tips to help integrate these new tools

    In-house legal departments adopting GenAI software must consider several issues around its value, senior leaders’ positions, data integrity and cultural changes.

    By Aug. 15, 2024
  • JPMorgan Chase building signage in New York City
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    Michael M. Santiago / Staff via Getty Images
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    JPMorgan, Zelle may have upper hand if litigation ensues

    If the banks that own Zelle’s parent battle the Consumer Financial Protection Bureau in court, they may find some federal judges open to their arguments, lawyers specializing in the area said.

    By Patrick Cooley • Aug. 15, 2024
  • General Motors
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    Brandon Bell via Getty Images
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    Texas sues GM for selling customer driving data

    The automaker failed to tell buyers it was selling their driving data to help insurers analyze driving behavior, according to a Texas AG lawsuit.

    By Aug. 14, 2024
  • Office work meeting
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    Gen AI is reporting for work duty but who’s in charge of it?

    Executives recognize the potential for generative AI in their business operations, but chief legal officers say organizational roles and responsibilities aren’t clear.

    By Aug. 13, 2024
  • Colleagues at business meeting in conference room.
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    FangXiaNuo via Getty Images
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    Anti-ESG proposals drove the increase in ESG proxy submissions: Morningstar

    “For the first time, the growth in new resolutions was dominated by proposals from ‘anti-ESG’ filers,” per Morningstar Sustainalytics’ director of stewardship research and policy.

    By Lamar Johnson • Aug. 13, 2024