Emerging Issues: Page 13


  • A cityscape photographed at dusk, featuring the global headquarters of Goldman Sachs Company in center left, set in contrast to older buildings along New York's financial district.
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    Goldman to pay $5.5M CFTC fine over alleged recordkeeping failures

    Software issues caused the bank to fail to record thousands of phone calls, violating recordkeeping rules and a prior cease-and-desist order, the agency said.

    By Gabrielle Saulsbery • Sept. 1, 2023
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    9 in 10 companies will return to office by end of 2024, survey says

    28% of respondents said their organizations would threaten to fire employees who don’t follow new in-person mandates.

    By Carolyn Crist • Aug. 31, 2023
  • Court of Law and Justice Trial Session: Imparcial Honorable Judge Pronouncing Sentence, striking Gavel. Focus on Mallet, Hammer. Cinematic Shot of Dramatic Not Guilty Verdict.
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    Generative AI copyright battle heats up with Copyright Office inquiry

    Officials are looking into the use of protected works to train AI models and whether copyright protections should be granted to AI-generated works.

    By Lindsey Wilkinson • Aug. 31, 2023
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    da-kuk via Getty Images
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    The American Bar Association launches AI-focused task force

    The panel, which features some well-known special advisors, is charged with developing AI best practices for the legal profession.

    By Lyle Moran • Aug. 30, 2023
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    Deals need more time as FTC, DOJ hike antitrust scrutiny

    Contract termination dates should reflect the more burdensome reviews and increased litigation risk that mergers face today, experts say.

    By Lisa Burden • Aug. 29, 2023
  • Cemex concrete plant in Rudersdorf, Germany
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    Sean Gallup via Getty Images
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    NLRB: Unions can represent workers without an election

    The Cemex decision is meant to dissuade employers from choosing to “abuse” NLRB’s election procedure, the board chairman said.

    By Ginger Christ • Aug. 28, 2023
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    Sweeping EU digital misinformation law takes effect

    Facebook, Amazon and other large tech companies must curb hate speech, propaganda and other harmful content under the Digital Services Act. Smaller companies will face compliance next.

    By Aug. 23, 2023
  • A Southwest Airlines airplane taxies from a gate at Baltimore Washington International Thurgood Marshall Airport on October 11, 2021 in Baltimore, Maryland.
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    Kevin Dietsch via Getty Images
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    Judge in Southwest Airlines case faces misconduct complaint

    The leader of Fix the Court said a federal judge ordering three Southwest lawyers to participate in religious liberty training “sets a dangerous precedent.”

    By Lyle Moran • Aug. 18, 2023
  • Businessman shaking hands with AI
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    Getting ahead of the AI culture shift

    With so many companies focused on AI lately, a “cross-functional AI SWAT team” is key to helping senior leadership teams stay one step ahead.

    By Grace Noto • Aug. 17, 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 quickly rises ranks among leading enterprise risks

    Data privacy, cybersecurity and IP issues are contributing to risk executives’ concerns as the latest AI tools gain greater traction, Gartner reports.

    By Lyle Moran • Aug. 14, 2023
  • People hold signs while protesting in front of Starbucks on April 14, 2022 in New York City.
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    Michael M. Santiago via Getty Images
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    Starbucks’ ‘overbroad’ workplace civility rule oversteps NLRA, Board rules

    On the heels of its Stericycle ruling, NLRB said Starbucks must rescind its “How We Communicate” workplace policy.

    By Caroline Colvin • Aug. 14, 2023
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    Southwest religious training order called ‘well within court’s power’

    Naming a religious-freedom group to educate the airline’s in-house lawyers isn’t different than orders directing civil rights groups to conduct training, a law professor says.  

    By Aug. 11, 2023
  • A sign is posted on the exterior of Zoom headquarters on February 07, 2023 in San Jose, California.
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    Justin Sullivan via Getty Images
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    Zoom emphasizes customer consent as critics question AI service terms

    Concerns stem from what Zoom says it will do with customer and service-generated data and what its policy language allows. 

    By Lindsey Wilkinson • Updated Aug. 11, 2023
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    Make sure client isn’t using you for crime, ABA says

    Assess what your client is trying to do and withdraw representation if they are laundering money or doing something else illegal, the American Bar Association says.  

    By Aug. 10, 2023
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    WhatsApp at center of $549M fines imposed on financial firms

    The penalties bring to $1.5 billion the amount companies have paid since the SEC launched an initiative in 2021 to curb employees' use of off-channel messages. 

    By Aug. 9, 2023
  • Photo of U.S. Senate Majority Leader Sen. Chuck Schumer (D-NY).
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    Alex Wong via Getty Images
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    C-suite execs waver on AI amid regulatory uncertainty: KPMG

    About 40% of survey respondents reported plans for a three-to-six month pause on generative AI investments to monitor the regulatory landscape.

    By Alexei Alexis • Aug. 8, 2023
  • An Upside Foods logo displayed on the wall of a building entryway
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    Courtesy of Upside Foods
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    Ex-Twitter GC joins cultivated meat company as legal chief

    Sean Edgett, who was fired as general counsel shortly after Elon Musk took over Twitter, has started at Upside Foods amid the company achieving several milestones.

    By Lyle Moran • Aug. 7, 2023
  • NLRB ruling foreshadows scrutiny of workplace civility, social media rules

    All policies that restrict employee speech and actions must be reviewed — “and very likely rewritten,” according to a management-side attorney.

    By Kate Tornone • Aug. 7, 2023
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    Opinion

    Patent prices may rise — Is your organization’s IP portfolio ready?

    Through evaluating current and potential IP, in-house counsel can proactively set their organization up for success amid future budget changes.

    By Vincent Brault • Aug. 4, 2023
  • Blocks spell M and A
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    Will payments M&A pick up after slow start?

    Despite a flurry of payments acquisitions recently, deal activity was slow in the first half of the year and some factors are still suppressing M&A.

    By Caitlin Mullen • Aug. 3, 2023
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    Six steps for writing a generative AI policy

    Employees might already be creating content with new tools, so in-house counsel should take the lead to get a policy in place before risks mount, experts say.

    By Aug. 3, 2023
  • Attendees arrive during AWS re:Invent 2022, a conference hosted by Amazon Web Services, at The Venetian Las Vegas on November 29, 2022 in Las Vegas, Nevada.
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    Noah Berger via Getty Images
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    Amazon Web Services offers generative AI primer course for execs

    The cloud provider has produced five videos that cover foundational elements, historical context and use cases of the technology. 

    By Lindsey Wilkinson • Aug. 3, 2023
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    Lawyers will be pivotal as post-pandemic commercial real estate transforms

    Former REIT general counsel James Barkley hopes to grow McCarter & English’s real estate practice to capitalize on the transformation in offices, other property sectors.

    By Aug. 2, 2023
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    Bed Bath & Beyond’s Etlin: Lessons for CFOs staring down bankruptcy

    With the messy task of closing hundreds of Bed Bath & Beyond stores, the home-goods retailer’s chief restructuring officer reflected on her role as a kind of “uber CFO.”

    By Maura Webber Sadovi • Aug. 1, 2023
  • close up programmer man hand typing on keyboard laptop for register data system or access password at dark operation room , cyber security concept - stock photo
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    Half of the most-clicked phishing emails contain HR-related subject lines

    The C-suite should be aware of how workplace-related phishing messages pique employee interest, a new report indicates.

    By Carolyn Crist • July 31, 2023