Arbitrating employee claims after California’s Adolph v. Uber ruling

Even though employees can sue on behalf of others after arbitrating claims, employers can minimize risks if their arbitration agreements are thoughtful, a specialist says.

By Robert Freedman • July 25, 2023

SPAC planning Trump Media buy settles SEC fraud charges

Digital World agreed to a cease-and-desist order and to pay an $18 million penalty in the event it closes the merger transaction.

By Alexei Alexis • July 24, 2023

Garden leave called possible workaround to FTC noncompete ban

Should the Federal Trade Commission finalize its noncompete ban, requiring a cooling-off period after an employee leaves could help protect company trade secrets. 

By Suman Bhattacharyya • July 21, 2023

GOP leaders warn companies against race-conscious practices in light of High Court’s ruling

Attorneys general called race-conscious hiring and promotions "overt and pervasive racial discrimination" in a letter to Fortune 100 CEOs.

By Laura Spitalniak • July 20, 2023

FTC, DOJ step up antitrust efforts with expansive draft merger guidelines

Critics will find plenty to concern them in the Biden administration’s latest effort to articulate a broad interpretation of anti-competitive business combinations.

By Robert Freedman • July 19, 2023

Shareholder activism surges in 2023: Freshfields

Republican lawmakers are pushing back against ESG activism, saying they are defending the interests of Main Street investors.

By Jim Tyson • July 14, 2023

FTC launches investigation of OpenAI about data issues

The agency’s inquiry is the biggest regulatory challenge to OpenAI since Italy’s ChatGPT ban.

By Lindsey Wilkinson • July 13, 2023

Trolls to hit companies with AI infringement claims

The chances that AI prompts might output proprietary code are very high, opening the door to troll armies looking for businesses to sue.

By Robert Freedman • July 13, 2023

How lawyers can embrace the challenge to supervise AI

In-house lawyers must conduct due diligence as they help select AI vendors, negotiate contracts and monitor compliance with legal and ethical requirements.

By Olga Mack • July 12, 2023

Microsoft’s promises helped persuade judge to approve $69B Activision deal

By saying it would keep Call of Duty on other platforms after acquiring Activision Blizzard, the company took the air out of the FTC’s key argument.

By Robert Freedman • July 12, 2023

DEI data collection may pose compliance challenges

While race and gender presentation are important aspects of one’s identity, disability and age diversity are also key.

By Caroline Colvin • July 12, 2023

Culture, ethics audits can prevent malfeasance: study

Besides poor tone or values on the part of executives, 51% of internal auditors pointed to a “profit at all cost” mentality as a key risk indicator.

By Grace Noto • July 10, 2023

AI could play role in M&A disputes

The rapidly evolving regulatory landscape amid generative AI’s proliferation could make due diligence more challenging.

By Lyle Moran • July 7, 2023

SCOTUS affirmative action ruling could chill corporate DEI efforts

Employers will likely need to reassess their policies to ensure they are properly handling affirmative action issues.

By Ryan Golden • July 6, 2023

Microsoft launches free AI training as enterprises grapple with skills shortage

Developed in partnership with Microsoft-owned LinkedIn, the coursework will be offered through LinkedIn's training platform

By Lindsey Wilkinson • July 6, 2023

SCOTUS Abitron decision will force companies to step-up foreign trademark rights

As a result of the June 29 decision, foreign infringement could cause U.S. market confusion over branding without penalty. A penalty would apply only if the foreign infringement occurs “in commerce” in the U.S.

By Robert Freedman • June 30, 2023

Companies face harder time limiting where they’re sued after SCOTUS decision

The court rejected a constitutional challenge to a state law permitting companies that do business in the state to be sued there no matter where the conduct at issue occurred or where the parties are based.

By Robert Freedman • June 28, 2023

Is AI a friend or foe for legal teams?

Corporate legal departments and law firms can adopt best practices to manage the inherent risk of AI in legal work and get the most benefit from this incendiary technology.

By Shana Simmons • June 28, 2023

Judge in ChatGPT case most troubled by attorneys’ lack of candor

The lawyers might have been able to avoid Rule 11 sanctions if they had quickly admitted to a federal judge that one of them used the OpenAI chatbot for legal research.

By Lyle Moran • June 26, 2023

How to curb activist shareholder proposals

Companies should be setting their own standards for bringing proposals to a vote, consistent with state law, SEC Commissioner Mark Uyeda says.

By Robert Freedman • June 23, 2023

Lawyers citing fake ChatGPT cases are fined

The fine for the high-profile mishap is to deter others from making the same mistakes, federal Judge P. Kevin Castel wrote in his sanctions order.   

By Robert Freedman • June 22, 2023

SEC General Counsel defends climate risk disclosure rule

Republican lawmakers accused the SEC’s top attorney of stonewalling requests for information on the agency’s regulation and enforcement.

By Jim Tyson • June 22, 2023

Making our good work good for the company—and each other

When you’re able to offer time and talent to pro bono work, it helps bring valuable perspective to your work and your relationships.

By Danielle Sheer • June 22, 2023

New York, Minnesota latest states to target noncompetes

Minnesota recently passed, and New York is close to passing, laws prohibiting employers from using agreements to prevent employees from going to a competitor.  

By Robert Freedman • June 21, 2023

20% of professionals think ChatGPT should be banned at work

Law professionals are more likely to support a ban, while marketing and consulting workers are less likely to support restrictions.

By Carolyn Crist • June 20, 2023