Emerging Issues: Page 12


  • post-closing conflict
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    pixelfit via Getty Images
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    Multiple escrows can smooth post-closing M&A conflict

    Lower valuations and higher cost of funds are fueling buyer-seller differences, but counsel can calm the waters by proposing specialized escrows.

    By Nov. 8, 2023
  • liability
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    GOCMEN via Getty Images
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    Supreme Court looks at expanding ADA discrimination standing

    People could sue a company even if they have no intention of doing business with it, critics fear as justices weigh a matter linking online information to places of public accommodation.  

    By Nov. 3, 2023
  • ADA accommodation
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    elenaleonova via Getty Images
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    Return-to-office policies are triggering discrimination battles

    Companies are having to fend off mental health disability discrimination complaints by employees who say remote work should be a reasonable accommodation, The Wall Street Journal reports.

    By Nov. 2, 2023
  • legal issues
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    Sergeysan1 via Getty Images
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    Legal fights stand in the way of air taxis

    The technology is largely there for short-haul urban rides to become a reality but uncertainty over governing jurisdictions is one of the issues keeping the industry grounded.

    By Ramona Dzinkowski • Oct. 27, 2023
  • cybersecurity
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    goir via Getty Images
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    Three lessons for GCs in ACI’s $2.4B payments test disaster

    Pay attention to how legacy vendors are integrated after an acquisition, treat internal data sharing requests as cyber risks and don’t let staff test systems using real data.

    By Oct. 24, 2023
  • Supreme Court, Title VII
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    GOCMEN via Getty Images
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    Opinion

    The Supreme Court is poised to drop another DEI shoe next year

    The Court is likely to jettison any requirement of alleging and proving a higher level of harm for there to be discriminatory action by an employer under Title VII of the Civil Rights Act.

    By Jonathan A. Segal and Adam D. Brown • Oct. 18, 2023
  • Data privacy
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    DKosig via Getty Images
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    Lawsuits show GCs must understand the privacy risk of pixels

    Companies have been phasing out cookies for some time. But regulators and plaintiff’s lawyers are looking at the role of pixels in collecting personal data, a Bloomberg Law report says.

    By Oct. 16, 2023
  • Duet AI indemnification, copyright infringement
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    Justin Sullivan / Staff via Getty Images
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    Google is latest company to indemnify AI users against infringement

    The company earlier this year embedded always-on generative AI in its workplace tools and cloud platform. If use of its products triggers claims, it will assume legal responsibility, it says.

    By Oct. 13, 2023
  • proposed deceptive practices rule, junk fees
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    coldsnowstorm via Getty Images
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    Junk fees targeted in FTC proposed rule

    The agency is using its authority under Section 5 of the FTC Act to go after companies that use undisclosed or deceptive fees to increase the cost of goods or services they provide.   

    By Oct. 11, 2023
  • CLE for in-house lawyers
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    Kasto80 via Getty Images
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    In-house counsel events for 2024

    General counsel can plan their team’s conference budget for next year by seeing all the top events at a glance using Legal Dive’s list of 2024 events for corporate lawyers and legal operations professionals. 

    By Oct. 3, 2023
  • Legal professional development
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    gorodenkoff via Getty Images
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    In-house counsel events for Q4 2023

    Legal Dive’s list of conferences for the balance of the year can help in-house legal leaders learn where to get the latest intelligence on technology, key areas of law and legal operations.

    By Oct. 3, 2023
  • Close up of Gary Gensler speaking during a senate hearing
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    Kevin Dietsch/Getty Images via Getty Images
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    SEC cyber disclosure rules put CISO liability under the spotlight

    Corporate officers can also be held personally liable for how they respond to data security issues, including through lawsuits from investors.

    By David Jones • Sept. 21, 2023
  • Man using a laptop computer chatting with an intelligent artificial intelligence asks for the answers he wants.
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    Supatman via Getty Images
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    Most workers use AI, usually without company safeguards

    Workers are quickly adopting generative AI, and most of them believe the powerful tools do not threaten their jobs, a Conference Board survey found.

    By Jim Tyson • Sept. 21, 2023
  • SEC, CFTC
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    Carl Court via Getty Images
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    Opinion

    Maintaining compliance as SEC cracks down on encrypted messaging apps

    Navigating enforcement actions and keeping up with regulatory expectations can help your organization benefit from use of the apps while keeping risks aligned with requirements.   

    By Chris Lehman • Sept. 20, 2023
  • Shot of Morgan Stanley logo
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    Mario Tama via Getty Images
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    Morgan Stanley faces $750M lawsuit over rail-line lending

    Two private-equity firms accused the bank of breach of contract and fraud over the restructuring of a deal involving investments in a loan to high-speed rail operator Brightline Holdings.

    By Gabrielle Saulsbery • Sept. 19, 2023
  • A Cumberland Farms store in Colorado
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    Courtesy of EG Group
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    M&A slump drives 49% decline in sale leasebacks

    This year’s slow mergers and acquisitions market is having a knock-on effect on certain commercial real estate deals.

    By Maura Webber Sadovi • Sept. 19, 2023
  • A businessperson with a generative AI brain concept above his hand
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    chombosan via Getty Images
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    Generative AI provides significant boost to knowledge workers, study finds

    Access to emerging AI resulted in higher-quality work and was particularly helpful for workers categorized as bottom-half-skill performers, a Harvard Business School study found. 

    By Lyle Moran • Sept. 18, 2023
  • A mourner pauses in front of a memorial for the nine victims of a shooting.
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    Justin Sullivan via Getty Images
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    California set to require workplace violence prevention plans

    Senate Bill 553, which the Legislature approved, would require most businesses to maintain logs on violent incidents.

    By Ginger Christ • Sept. 18, 2023
  • carbon, disclosures, Scope 3
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    Jerod Harris via Getty Images
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    Companies face Scope 3 emissions reporting in Calif. bill heading to Gov.

    Calculating carbon released throughout a company’s entire supply chain will be difficult for small and mid-sized businesses, critics of SB 253 said.

    By Sept. 13, 2023
  • OpenAI copyright infringement
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    Brasil2 via Getty Images
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    Piracy websites at core of class action lawsuit against OpenAI

    Plaintiffs accuse the generative AI company of going to websites that illegally make books available for free online to train its large language models.

    By Sept. 12, 2023
  • A sign near an entranceway to Walt Disney World on May 22, 2023 in Orlando, Florida.
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    Joe Raedle via Getty Images
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    Disney scales back its federal lawsuit against DeSantis

    The company’s amended complaint focuses solely on allegations the governor and other Florida officials violated its First Amendment rights to oppose controversial legislation.

    By Lyle Moran • Sept. 8, 2023
  • Actor Margot Robbie driving car in the movie "Barbie."
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    Retrieved from Warner Brothers on August 30, 2023
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    Opinion

    How to channel your inner Barbie when negotiating compensation

    Too often women in-house lawyers are being paid less than men. They need to become their own best advocate.

    By Heather Fine • Sept. 7, 2023
  • Southwest Airlines aircrafts are seen at Baltimore/Washington International Thurgood Marshall Airport (BWI) on December 22, 2021 in Baltimore, Maryland.
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    Alex Wong via Getty Images
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    Judge in Southwest case doubles down on religious liberty training order

    U.S. Judge Brantley Starr said the training from a Christian legal advocacy group was “more necessary now than ever before.”

    By Lyle Moran • Sept. 6, 2023
  • A closeup of New Balance CEO Robert DeMartini wearing New Balance 990 dad shoes.
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    Adam Glanzman via Getty Images
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    New Balance files infringement complaint against Golden Goose over dad shoes

    The athleticwear giant is taking ownership of its previously uncool style by targeting what it claims are copycat designs.

    By Lara Ewen • Sept. 5, 2023
  • COVID-19 sign hangs in the window of a closed business
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    Justin Sullivan via Getty Images
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    NLRB widens definition of protected activity in new ruling

    A flurry of labor board decisions in recent weeks has expanded worker protections.

    By Ginger Christ • Sept. 1, 2023