Emerging Issues: Page 2
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Ransomware victims becoming less likely to pay cyberhackers
Demands jumped in 2023 even as more companies plot better defenses against attacks that can incur deep business interruption costs, a report says.
By Justin Bachman • June 17, 2024 -
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Law firm allows associates to ‘test drive’ in-house role
Many lawyers consider moving in-house, so Husch Blackwell is helping its talent explore those roles while gaining insights to better serve clients, the firm says.
By Lisa Burden • June 14, 2024 -
Explore the Trendline➔
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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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How to factor all genders into pay equity discussions
Generally, discussions about pay equity focus on the gender pay gap between men and women but fail to consider those who identify as nonbinary and to address intersectionality.
By Ginger Christ • June 12, 2024 -
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SEC views more shareholder proposals as micromanagement efforts
After a 2021 change in no-action reviews caused a backlash among institutional investors, Securities and Exchange Commission staff appear to side more with companies against activist shareholders.
By Robert Freedman • June 7, 2024 -
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ACLU asks FTC to probe Aon AI employment assessment tools for bias
The organization also wants the agency to enjoin the company from making deceptive claims in its marketing and to pause the sale of the tests until the discriminatory impact is eliminated.
By Robert Freedman • May 31, 2024 -
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OpinionMitigating risk from consumer claims
Hotels and restaurants are particularly vulnerable to ADA claims, while producers and sellers of consumer packaged goods are vulnerable to misleading packaging claims.
By Sedina L. Banks and Ira M. Steinberg • May 30, 2024 -
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FTC leans on aggressive view of ‘unfair practices’ as it joins DOJ in call for roll-up information
Private equity firms could be in the crosshairs as the agencies, trying to spot market concentration, ask the public to inform them of serial acquisitions.
By Robert Freedman • May 29, 2024 -
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Workers’ fears are driving FTC antitrust policy, Khan says
Employees and small businesses are too often afraid a false move will lead to their ruin if they run afoul of Amazon or other companies that have a stranglehold over markets, the agency chair says.
By Robert Freedman • May 22, 2024 -
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Door opens wider for workplace discrimination claims
A notable Supreme Court ruling makes clear that employees need not show “significant harm” in job transfer bias cases.
By David Weisenfeld • May 15, 2024 -
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OpinionMicrosoft is thinking out of the box on AI. Will the Biden Administration?
Microsoft’s moves in the AI space are the kind of “nonacquisition acquisitions” that the FTC should look at closely through an antitrust lens.
By David Balto • May 9, 2024 -
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Garden leave could add value as noncompete alternative
Paying outgoing employees to remain as a resource while a replacement gets up to speed could gain currency as companies seek new ways to protect their interests.
By Robert Freedman • May 8, 2024 -
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Companies using Gen AI weigh regulatory and compliance risks
Generative AI has endless use cases, but it also introduces risks amid demands for transparency, explainability and bias mitigation, executives say.
By Suman Bhattacharyya • May 7, 2024 -
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16% of employees plan to quit once noncompete ban takes effect
7% plan to start a rival business, according to a survey of 500 employees conducted by a small business lender.
By Robert Freedman • May 7, 2024 -
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FTC noncompete ban risks blowing up private equity deals
Investors will be reluctant to buy a portfolio company if they can’t get assurance the executives won’t leave to start a rival business, a trade secret specialist says.
By Robert Freedman • April 25, 2024 -
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Chamber of Commerce sues to block FTC noncompete ban
The agency exceeded its authority in enacting the rule, the business group says in a complaint that asks the rule be vacated and the FTC enjoined from enforcing it.
By Robert Freedman • April 24, 2024 -
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Pulling back from HSR antitrust review cost company $23M
The Department of Justice wouldn’t approve the deal without changes all sides could accept, leaving the company on the hook for a big contract termination fee.
By Robert Freedman • April 23, 2024 -
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CEOs, CFOs can’t get non-prosecution agreement under DOJ pilot
Criteria released by the Department of Justice April 15 lets corporate executives know if they stand a good chance of avoiding charges for coming forward with misconduct allegations.
By Robert Freedman • April 17, 2024 -
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ColumnComing Live Nation antitrust suit suggests DOJ got it wrong last time
Critics have said the Department of Justice should have broken up Live Nation when it looked at its 2010 merger with Ticketmaster. A reported lawsuit that’s coming could try to make that happen.
By Robert Freedman • April 16, 2024 -
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Certify to accuracy but otherwise no AI disclosure needed, patent office says
Disclosure would be needed if AI use is material to the patentability of something, the agency says in its latest AI guidance.
By Robert Freedman • April 15, 2024 -
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Insider trading cases show need for remote-work ground rules
Legal leaders can set expectations for employees who come in contact with sensitive information from another in the household when they’re both working from home.
By Robert Freedman • April 12, 2024 -
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Too-big-to-care attitude sparks FTC antitrust probes, Khan says
Even though it’s typically out-gunned by deep-pocketed companies and it relies on old laws, the agency has an approach that works for it, the high-profile commission chair says.
By Robert Freedman • April 3, 2024 -
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Bloomberg Law report could fuel litigation finance disclosure push
The publication details how the gray area of law occupied by third-party funding of legal cases could enable Russian oligarchs to evade sanctions.
By Robert Freedman • March 28, 2024 -
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OpinionInvisible assets, visible impact: Understanding the patent advantage
Protecting your company’s intellectual property by developing a patent strategy isn’t typically a priority for general counsel, but it should be if you want to fully monetize your company’s assets.
By Keegan Caldwell • March 27, 2024 -
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RFK Jr.’s VP pick is a patent tech entrepreneur
Nicole Shanahan spent 15 years helping companies create, manage and monetize patents before selling her company to one of the country’s biggest patent trolls.
By Robert Freedman • March 27, 2024 -
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AI-assisted inventions should be encouraged, USPTO official says
The practice comes with risks but the competitiveness of the U.S. relies on the future use of AI assistance in inventions, USPTO Director Kathi Vidal says.
By Suman Bhattacharyya • March 22, 2024
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