Emerging Issues: Page 17


  • Federal Trade Commission
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    Carol Highsmith. (2005). "The Apex Building" [Photo]. Retrieved from Wikimedia Commons.
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    No ‘shadow consent decrees,’ DOJ antitrust lawyers say

    Nor does the agency’s “fix it first” approach mean a proposed divestiture is going to resolve deal concerns, officials said at an ABA forum.

    By April 12, 2023
  • legal
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    David Odisho / Stringer via Getty Images
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    Ex-Twitter execs’ legal-fee lawsuit may find Delaware law favorable

    Chancery Court has a history favoring bylaw provisions requiring companies to pay executives’ legal costs even when they no longer work for the company.   

    By April 11, 2023
  • A Samsung flag flies outside the Samsung office on August 25, 2017 in Seoul, South Korea.
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    Chung Sung-Jun via Getty Images
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    Samsung employees leaked corporate data in ChatGPT: report

    Data privacy is a concern for companies with employees using ChatGPT’s web-based interface, as input data is used to train and improve the tool.

    By Lindsey Wilkinson • April 11, 2023
  • A law book that says "Patent Law" on the front
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    designer491 via Getty Images
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    Patent trolls often target smaller companies, study finds

    IPOs and private funding rounds can also put companies at greater risk of facing patent lawsuits from entities created to file such litigation.

    By Lyle Moran • April 11, 2023
  • bankruptcy
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    Justin Sullivan / Staff via Getty Images
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    New J&J talc settlement relies on second bankruptcy attempt

    The first attempt was accepted in bankruptcy court but later denied on appeal. This new effort offers to triple the money set aside for claimants.

    By April 5, 2023
  • Bank sign on glass wall of business center
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    ultramarine5 via Getty Images
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    Wolters Kluwer releases bank failures toolkit for corporate counsel

    The company’s offering includes risk exposure and communications checklists, as well as a litigation and investigations tracker.

    By Lyle Moran • April 5, 2023
  • Trump Organization Ex-CFO Allen Weisselberg's Criminal Tax Fraud Trial Continues
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    Nichael M. Santiago / Staff via Getty Images
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    Ex-Trump CFO, facing fresh legal pressure, swaps attorneys

    The legal turmoil still swirling around the Trump Organization’s former CFO shows just how closely intertwined a finance chief’s fate is with that of the organizations they serve.

    By Maura Webber Sadovi • April 4, 2023
  • A general counsel and CFO have a discussion while seated at a table
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    Charday Penn via Getty Images
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    How the GC and CFO communities joined forces in SVB’s wake

    TechGC and The F Suite facilitated close collaboration between legal and finance leaders as they grappled with the fallout from Silicon Valley Bank’s collapse.

    By Lyle Moran • March 31, 2023
  • Chatbot conversation. Person using online customer service with chat bot to get support. Artificial intelligence and CRM software automation technology. Virtual assistant on internet.
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    NicoElNino via Getty Images
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    Call for a pause on AI training met with skepticism

    Even those in favor of more rules and guidance surrounding the rapid onset of generative AI systems said the approach shared by The Future of Life Institute is unlikely to work.

    By Lindsey Wilkinson • March 30, 2023
  • legal hold messaging apps
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    Justin Sullivan / Staff via Getty Images
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    Google misled about chat preservation, judge says

    The company has been deliberately misleading because it said it couldn’t change its chat history settings when in fact it could, federal judge James Donato says.

    By March 29, 2023
  • Zoom founder Eric Yuan poses in front of the Nasdaq building as the screen shows the logo of the video-conferencing software company Zoom after the opening bell ceremony on April 18, 2019 in New York
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    Kena Betancur via Getty Images
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    Zoom jumps on ChatGPT bandwagon, integrates generative AI features

    New capabilities will include summarizing meetings and chat threads, drafting emails and creating whiteboard presentations.

    By Matt Ashare • March 28, 2023
  • Bankruptcy
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    Justin Sullivan / Staff via Getty Images
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    First Citizens acquisition could leave SVB parent’s $1.9B in limbo

    Now that a buyer has come forward, it’s not clear what will happen with FDIC-blocked money that SVB Financial has on deposit at the failed bank.

    By March 27, 2023
  • A person putting their figure on a button that says "Compliance."
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    NicoElNino via Getty Images
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    Compliance is a growing priority for legal departments worldwide

    Risk mitigation and cost control are other key strategic initiatives for in-house legal teams, a recent report found.

    By Lyle Moran • March 27, 2023
  • Federal Trade Commission Chair Lina Khan listens as U.S. President Joe Biden delivers remarks on the economy in the Eisenhower Executive Office Building on October 26, 2022 in Washington, DC.
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    Anna Moneymaker via Getty Images
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    FTC ups company legal peril with expanded negative option rule

    The proposed rule to curb subscription abuses applies prohibitions to more types of opt-outs and also could pull in misrepresentations in the products or services themselves.  

    By March 24, 2023
  • Coinbase
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    Courtesy of Coinbase
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    Coinbase faces SEC enforcement action over staking services

    “Coinbase runs a rigorous asset review process and has rejected more than 90% of assets that have applied to be listed on the platform,” CEO Brian Armstrong tweeted Wednesday.

    By Gabrielle Saulsbery • March 24, 2023
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/Legal Dive
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    In EEOC settlement, job board agrees to use AI to look for bias

    The announcement was a rare note of support from the agency, which has cautioned employers about the tech’s use in recent years.

    By Kate Tornone • March 23, 2023
  • The words, "ChatGPT" appear on a multicolored background
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    chaofann via Getty Images
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    Software vendors race to bet on ChatGPT craze

    Microsoft recently said it was planning to bring ChatGPT-like features to Microsoft 365 and Salesforce has unveiled a ChatGPT app for its Slack business messaging platform.

    By Alexei Alexis • March 21, 2023
  • Silhouette of teams playing tug of war
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    Chris Gorgio via Getty Images
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    Cybersecurity market confronts potential consequences of banking crisis

    Bank seizures impose new challenges on vendors in every segment and may spur consolidation.

    By Matt Kapko • March 21, 2023
  • A businessperson's hand below an AI-powered brain
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    Shutthiphong Chandaeng via Getty Images
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    Opinion

    How AI can improve modern contract management

    DocuSign’s legal chief highlights that the more interconnected a contracting workflow is, the more opportunities AI has to learn from the system and accelerate individual steps.

    By Jim Shaughnessy • March 20, 2023
  • Worried Businessman
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    diego_cervo via Getty Images
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    Keeping emotion out of trade secret theft claims

    Having someone other than the CEO recommend a course of action can help the decision-making process.

    By March 18, 2023
  • Senate Holds Hearing On Reform Of US Financial Market Regulations
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    Brendan Smialowski / Stringer via Getty Images
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    SEC proposes cybersecurity disclosure rules for financial industry specialists

    The changes would require broker-dealers and other entities to adopt written plans to minimize risk and promptly disclose major incidents.

    By David Jones • March 17, 2023
  • An employee gets into his car after arriving to work to a shuttered Silicon Valley Bank (SVB) headquarters in Santa Clara, California.
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    Justin Sullivan via Getty Images
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    SVB’s parent company files for bankruptcy protection

    The move will allow SVB Financial Group “to preserve value as it evaluates strategic alternatives” for venture-capital business SVB Capital and broker-dealer SVB Securities, the company said.

    By Dan Ennis • March 17, 2023
  • An employee gets into his car after arriving to work to a shuttered Silicon Valley Bank (SVB) headquarters in Santa Clara, California.
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    Justin Sullivan via Getty Images
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    Why legal teams got involved with the SVB response

    In crisis situations, in-house counsel are often called upon to help review contracts and assist with communications.

    By Lyle Moran • March 17, 2023
  • People gather outside Silicon Valley Bank.
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    Justin Sullivan via Getty Images
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    Deep Dive

    ‘Meme stock in reverse’: SVB collapse portends new era of viral bank runs

    SVB’s demise gave the banking sector a glimpse into how social media and digital banking can turn a financial institution from operational to insolvent in a matter of hours.

    By Anna Hrushka • March 16, 2023
  • bankruptcy
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    Justin Sullivan / Staff via Getty Images
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    Rules could limit creditors’ gains if SVB parent files for bankruptcy

    Regulators could use sale proceeds to help pay depositors, limiting proceeds from the sale of healthy SVB Financial Group assets, reports say.

    By March 16, 2023