Emerging Issues: Page 16
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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’s use of Harvey.ai is expected to help in the areas of due diligence, regulatory compliance and contract analysis.
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 -
FTC talks tough in false-ad notice but faces hard enforcement road
Although the agency has put hundreds of companies on notice about marketing claims, its ability to penalize violators will be tested by resource constraints.
By Robert Freedman • April 24, 2023 -
How legal teams can show their value during times of uncertainty
Sterling Miller says implementing new ways of doing business and properly prioritizing work can help legal departments win support from key stakeholders.
By Lyle Moran • April 21, 2023 -
Judges smack down overly broad noncompetes
In recent cases, restrictive business-sale covenants that go beyond what’s needed for companies to protect their interests are deemed unenforceable.
By Robert Freedman • April 21, 2023 -
Using litigation funding to increase certainty in outside counsel spend
General counsel can reduce budget volatility by partnering with a firm that can cover overages from unexpected lawsuit costs, a finance executive says.
By Robert Freedman • April 20, 2023 -
ChatGPT prompts experts to consider AI’s mark on cybersecurity
As technology vendors race to plug in generative AI, cybersecurity vendors will respond in kind.
By Matt Kapko • April 20, 2023 -
Law firms take cautious approach to use of generative AI
Despite the slow rollout, 51% of law firm professionals believe tools such as ChatGPT should be applied to legal work, a survey found.
By Lyle Moran • April 19, 2023 -
M&A reps & warranties insurers increasingly play hardball
It takes longer and requires a more adversarial process to get claims paid, a report finds.
By Robert Freedman • April 19, 2023 -
M&A insurance usage fell last year amid slowdown in deals
Even with the decline, mergers and acquisitions insurance was utilized in far more transactions than two years ago and could see renewed interest later this year.
By Lyle Moran • April 18, 2023 -
SCOTUS ruling allows challenges to administrative law proceedings
Executives and others subject to agency enforcement can ask a federal district court to look at whether a case should be heard in court instead of by an agency-appointed administrative law judge.
By Robert Freedman • April 17, 2023