Emerging Issues: Page 2


  • General Motors
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    Brandon Bell via Getty Images
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    Texas sues GM for selling customer driving data

    The automaker failed to tell buyers it was selling their driving data to help insurers analyze driving behavior, according to a Texas AG lawsuit.

    By Aug. 14, 2024
  • Office work meeting
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    Skynesher via Getty Images
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    Gen AI is reporting for work duty but who’s in charge of it?

    Executives recognize the potential for generative AI in their business operations, but chief legal officers say organizational roles and responsibilities aren’t clear.

    By Aug. 13, 2024
  • in-house counsel Explore the Trendline
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    FlamingoImages via Getty Images
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    Trendline

    Top 5 stories from Legal Dive

    Legal leaders look at practical generative AI use cases and get tough on outside counsel spend, among other priorities this year.

    By Legal Dive staff
  • Colleagues at business meeting in conference room.
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    FangXiaNuo via Getty Images
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    Anti-ESG proposals drove the increase in ESG proxy submissions: Morningstar

    “For the first time, the growth in new resolutions was dominated by proposals from ‘anti-ESG’ filers,” per Morningstar Sustainalytics’ director of stewardship research and policy.

    By Lamar Johnson • Aug. 13, 2024
  • HSR reviews, antitrust law, big tech genai acquisitions
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    David Becker via Getty Images
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    How Big Tech is avoiding HSR reviews in AI race

    Some deals are on the FTC and DOJ's radars, but for now Microsoft and Apple are among those buying their way into key technology, an antitrust specialist says.

    By Aug. 9, 2024
  • Legal AI software
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    Andrey Popov via Getty Images
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    AI’s first serious foray into legal may be contract review

    Contracting consumes plenty of time for lawyers, so AI’s first broad legal use may be in this area, a survey finds.

    By Aug. 8, 2024
  • 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 defends its authority for climate disclosure rule in court

    The agency said its climate rule will help to better inform investors with “more detailed, consistent, and comparable information” in replying to legal challengers.

    By Lamar Johnson • Aug. 8, 2024
  • Algorithmic pricing, RealPage, Elevecon, Ezrielev
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    Michael Vi via Getty Images
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    DOJ is lowering the antitrust bar to go after RealPage, economist says

    Should the agency sue the rental property software company, it will be alleging collusion among companies that arguably have had no contact with one another, a former FTC adviser says.

    By Aug. 8, 2024
  • ABA NDA resolution, harassment
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    1001Love via Getty Images
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    Use NDAs for trade secrets, not to hide harassment, ABA says

    The trade group passed a resolution calling on state and local governments to get tough on employers’ broadening use of non-disclosure agreements.

    By Aug. 7, 2024
  • Google search
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    Justin Sullivan via Getty Images
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    Google loses U.S. lawsuit alleging antitrust violations

    The search giant used deals with mobile phone makers to restrict competitors in the search and search text advertising markets, a federal court ruled.

    By Aug. 5, 2024
  • deepfakes in litigation evidence , Everlaw
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    Arkadiusz Warguła via Getty Images
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    Opinion

    Will deepfakes overwhelm us? What’s ahead for in-house legal teams

    In-house lawyers will not need to outsource the examination of every piece of evidence for deepfakes. There are ways they can filter evidence themselves.  

    By Chuck Kellner • Aug. 5, 2024
  • Vice presidential candidate J.D. Vance and Donald Trump
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    Drew Angerer via Getty Images
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    JD Vance’s regulatory romance with the Biden FTC

    Antitrust policy has split Republicans philosophically, leaving executives curious how a second Trump term might affect the commission’s approach.

    By Aug. 5, 2024
  • Marijuana Sales Profits
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    Douglas Rissing via Getty Images
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    Opinion

    Third-party compliance certification can get cannabis cash safely into banks

    Even if the SAFER Banking Act passes, the infrastructure exists within the cannabis industry for third parties to do the kind of accrediting the Joint Commission does for the healthcare field, says attorney F. Miles Adler.

    By F. Miles Adler • Aug. 1, 2024
  • office conflict
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    Fizkes via Getty Images
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    Lawyers and legal ops teams are clashing at many companies: study

    Power dynamics and office politics are blamed for this internal strife, which was found to be common at U.S. companies with legal operations roles.

    By July 31, 2024
  • 18-year Supreme Court terms
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    Andrew Harnik via Getty Images
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    3 statutory ways Supreme Court terms might be limited to 18 years

    A commission President Biden appointed three years ago to look at top court reform explored how term limits might work absent a constitutional amendment.

    By July 29, 2024
  • Stack of credit cards spread out
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    bernie_photo via Getty Images
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    ‘Friendly fraud’ persists under the radar

    Fraud committed by customers threatens companies’ bottom lines and often goes unreported, experts say.

    By Suman Bhattacharyya • July 25, 2024
  • FTC surveillance pricing probe
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    mphillips007 via Getty Images
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    Column

    FTC’s ‘surveillance pricing’ probe is a rare bipartisan effort

    The two Republican-appointed commissioners don’t like the negative gloss of “surveillance” in the name of the probe but see value in studying this growing use of data.

    By July 24, 2024
  • The front facade of the Oklahoma State Capitol building.
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    Elizabeth Lara via Getty Images
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    Oklahoma judge permanently blocks state’s anti-ESG law

    The ruling extends a temporary injunction against the law issued in May, though Oklahoma Attorney General Gentner Drummond said he will bring an appeal to the state Supreme Court.

    By Lamar Johnson • July 23, 2024
  • AI-washing, Oddity
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    Poca Wander Stock via Getty Images
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    Questions over AI claims likely mean a lawsuit is coming, D&O specialist says

    If investors suspect a company is being disingenuous about its use of the new technology, don’t be surprised if their next step is a securities claim, the head of an insurance intermediary says.

    By July 23, 2024
  • litigation funding
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    Alfexe via Getty Images
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    Deep Dive

    Why in-house counsel and law firms are warming up to litigation funders

    The dispute-financing industry is poised for growth as legal departments seek to evolve their reputation as pure cost centers.

    By July 21, 2024
  • limitations of liability clauses
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    peepo via Getty Images
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    Companies turn to AI contract tools to reduce external risks

    Executives often overlook the importance of shrewd third-party contracting when managing their risk profiles, according to a legal tech panel.

    By July 18, 2024
  • ESG reporting misrepresentation
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    pcess609 via Getty Images
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    Reduced shareholder lawsuit risk doesn’t mean more ESG reporting: study

    The lower risk of being sued means companies don’t need the social credibility that comes with the reports, a study finds.

    By July 18, 2024
  • The exterior of the Supreme Court.
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    Chip Somodevilla via Getty Images
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    Deep Dive

    What employers can expect following the end of Chevron deference

    For one thing, the U.S. Department of Labor’s regulations may not fare well under federal courts’ scrutiny post-Chevron, a former DOL official told HR Dive.

    By Ryan Golden • July 17, 2024
  • Matrix background of blurred programming code.
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    Getty Plus via Getty Images
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    Ransomware leak site posts jumped 20% in Q2

    Threat groups claimed attacks on 1,237 organizations during the quarter, marking an increase from Q1. U.S.-based businesses accounted for more than half of all victims, Reliaquest found.

    By Matt Kapko • July 16, 2024
  • OpenAI NDAs, whistleblower protection, SEC
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    Justin Sullivan via Getty Images
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    OpenAI NDAs violate whistleblower laws, attorneys tell SEC

    Even if the company has cleaned up its act, its past effort to keep insiders from talking about generative AI risks needs investigating, the attorneys say.

    By July 16, 2024
  • Moelis decision, shareholder agreements
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    A big shareholder could outgun board in bill headed to Delaware governor

    Corporate law scholars are concerned the bill will build into law a trend in which a founder or other key shareholder uses an agreement to exercise company control.

    By July 15, 2024