Emerging Issues: Page 2
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SCOTUS affirmative action ruling leaves opening for corporate DEI, former AG Holder says
A carve-out for military academies suggests that what applies to educational institutions doesn’t necessarily extend to the business world.
By Suman Bhattacharyya • March 4, 2024 -
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DOJ to use OFAC enforcement model for Biden order on bulk data sales
Companies will need to have controls in place but there won’t be any prescriptive due diligence or reporting requirements to comply with data sales curbs to China, other adversarial countries.
By Robert Freedman • Feb. 29, 2024 -
Explore the Trendlineâž”
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TrendlineTop 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 -
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OpenAI seeks to trim NYT lawsuit to fair use question
The generative AI company accuses the newspaper of hiring a hacker to generate results that ordinary users wouldn’t get to make infringement look worse than it is.
By Robert Freedman • Feb. 28, 2024 -
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FTC files suit to stop Kroger-Albertsons merger
Nine attorneys general have joined the federal court complaint, which claims that the deal would boost grocery prices and hurt workers.
By Sam Silverstein , Jeff Wells • Updated Feb. 26, 2024 -
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GCs urged to act before employees become whistleblowers
By shifting the burden to employers, the Supreme Court’s Murray v. UBS ruling makes it crucial that executives not let employees feel ignored when they report concerns.
By David Weisenfeld • Feb. 23, 2024 -
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OpinionWhy a general counsel must serve as a business partner
How the GC performs when the proverbial door closes and the executive team has to engage in candid and sometimes fraught conversations about critical issues is pivotal.
By Michael Sachs and Joanna Herman • Feb. 23, 2024 -
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Judge rejects firm’s use of ChatGPT in fee request
Until the technology goes through a paradigm shift in reliability, don’t bother using it to justify compensation again, a judge tells a law firm.
By Robert Freedman • Feb. 23, 2024 -
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AI could spark change in the SMB lending space
Financial institutions, including fintechs, can leverage artificial intelligence technology like machine learning to automate lending decisions, a white paper commissioned by Uplinq said.
By Rajashree Chakravarty • Feb. 22, 2024 -
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How generative AI could alter the staffing mix in legal departments
The emerging tech will result in more data-focused hires and lawyers becoming a minority on in-house legal teams, a KPMG global leader predicts.
By Lyle Moran • Feb. 20, 2024 -
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FTC mulls making companies liable for enabling illegal impersonations
Recent rulemaking aims at deepfakes, other deceptions, and also seeks to speed up equitable relief.
By Robert Freedman • Feb. 20, 2024 -
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Companies struggle with decarbonization due to internal governance, data issues
Most organizations are committed to decarbonization, but a siloed approach, bureaucracy and data challenges stand in the way of success, an Engie report says.
By Suman Bhattacharyya • Feb. 20, 2024 -
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DOJ plans to up penalties for misconduct involving AI
The agency has launched a six-month initiative to assess how the technology impacts its work, but in the meantime it’s treating it like a stepped-up threat.
By Robert Freedman • Feb. 16, 2024 -
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Leading general counsel team up to support generative AI adoption
A collaboration spearheaded by Factor includes participation from executives at companies such as Microsoft, Intel, Adobe and Ford.
By Lyle Moran • Feb. 16, 2024 -
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DOJ to scrutinize Disney-Fox-Warner sports streaming deal
An antitrust challenge could be based on the joint venture’s impact on the market for sports rights as well as consumer harm, says a report by Bloomberg Law, which first reported on regulators’ concerns.
By Robert Freedman • Feb. 16, 2024 -
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IRS could hit companies if they charge too much for affiliate loan
If an outside lender would underwrite a loan at a lower rate because of the borrower’s affiliation with a strong parent, then an intragroup loan should reflect that, an IRS memo says.
By Robert Freedman • Feb. 13, 2024 -
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Few mergers emerge unscathed from FTC, DOJ second requests
Although antitrust enforcers seek detailed reviews in only a fraction of proposed deals, those transactions that are subject to them are likely to end up changing — if not abandoned altogether.
By Robert Freedman • Feb. 12, 2024 -
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Risk executives worry about political polarization amid elections and conflicts: Gartner
One other contributor to the polarization is pervasive economic pessimism, which Gartner said can contribute to “extreme ideological realignments.”
By Lyle Moran • Feb. 8, 2024 -
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US cities unlikely to follow Toronto’s bruising effort to curb Uber
The company hit back forcibly when Canada’s largest city tried to cap the number of ride-hailing licenses it grants.
By Ramona Dzinkowski • Feb. 8, 2024 -
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Manhattan DA seeks tighter payment app security
“No longer is the smartphone itself the most lucrative target for scammers and robbers – it’s the financial apps contained within,” DA Alvin Bragg Jr. said.
By James Pothen • Jan. 30, 2024 -
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Rep and warranty insurance said to speed M&A but claims can be slow
Buyers increasingly rely on the policies for deal confidence even though post-closing disputes can take 18 months to settle.
By Robert Freedman • Jan. 30, 2024 -
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2024 in-house legal outlook series: GCs, CLOs ready for hard decisions
Legal leaders look at practical generative AI use cases and get tough on outside counsel spend, among other priorities this year.
By Lyle Moran and Robert Freedman • Jan. 29, 2024 -
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Outside counsel management is a growing focus for in-house legal teams
An emphasis on cost control is prompting legal departments to scrutinize law firm rate requests and examine shifting work to other providers who cost less.
By Lyle Moran • Jan. 29, 2024 -
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OpinionWhy copyright law is equipped to handle AI cases
As legal challenges against AI models and AI-generated writing and art arise, it's critical that courts and regulators avoid piling on new legislative frameworks.
By Jess Miers • Jan. 26, 2024 -
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People stories helping DOJ, FTC notch antitrust wins, Kanter says
Several high-profile mergers were abandoned in just the last few months, a result that the federal antitrust chief attributed in part to better communications.
By Robert Freedman • Jan. 26, 2024 -
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OpinionHolding out for a bankruptcy ‘cram down’? Think again.
C-suites should take a hard look at the true cost of bankruptcy before filing for Chapter 11, Lowenstein Sandler’s Kenneth A. Rosen writes.
By Kenneth A. Rosen • Jan. 25, 2024
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