Emerging Issues: Page 16


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    Brian Tucker / BioPharma Dive
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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
  • Financial services
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    Justin Sullivan / Staff via Getty Images
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    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 May 11, 2023
  • A worker cleans a sign in front of the Uber headquarters on May 18, 2020 in San Francisco, California.
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    Justin Sullivan / Staff via Getty Images
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    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
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    gguy44 via Getty Images
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    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
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    Justin Sullivan / Staff via Getty Images
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    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
  • competition law
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    Zerbor via Getty Images
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    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 May 3, 2023
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    Anna Moneymaker / Staff via Getty Images
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    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
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    PorqueNoStudios/iStock via Getty Images
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    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
  • Fox
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    Alex Wong / Staff via Getty Images
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    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 May 2, 2023
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    Ozturk via Getty Images
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    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 May 1, 2023
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    Alabama Extension. (2020). "The Image" [Photograph]. Retrieved from Flickr.
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    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 April 28, 2023
  • Non-compete agreement
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    Hailshadow via Getty Images
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    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 April 28, 2023
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    Michael M. Santiago via Getty Images
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    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 April 27, 2023
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    Chip Somodevilla via Getty Images
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    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 April 25, 2023
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    BlackJack3D via Getty Images
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    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
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    iStock / Getty Images Plus via Getty Images
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    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
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    Stadtratte via Getty Images
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    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 April 24, 2023
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    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
  • contracts
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    William_Potter via Getty Images
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    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 April 21, 2023
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    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 April 20, 2023
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    chaofann via Getty Images
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    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
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    chaofann via Getty Images
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    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
  • Mergers and acquisitions
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    PeopleImages via Getty Images
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    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 April 19, 2023
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    Nastassia Samal via Getty Images
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    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
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    Chip Somodevilla via Getty Images
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    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 April 17, 2023