Emerging Issues: Page 2


  • Supreme Court
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    Chip Somodevilla via Getty Images
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    Top court appears mixed on keeping Chevron deference

    Justices split on ideological grounds over whether agencies should retain their privileged position resolving statutory ambiguities, but a middle ground has emerged, too.

    By Jan. 18, 2024
  • A lomography style photo of a Christmas tree in an outdated fluorescent-lit building
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    carneadele via Getty Images
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    Racist trophy at holiday party costs employer $22,500

    On top of monetary damages, the auto company’s settlement with the EEOC requires racial discrimination and harassment training.

    By Caroline Colvin • Jan. 16, 2024
  • legal outlook Explore the Trendline
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    Sean Anthony Eddy 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
  • DEI
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    Spencer Platt / Staff via Getty Images
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    Turning DEI policies into aspirations unlikely to stem bias lawsuits

    Companies face challenges from conservative anti-bias groups even after replacing explicit diversity, equity and inclusion goals with more broadly characterized aims.

    By Jan. 16, 2024
  • legal hallucinations
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    dem10 via Getty Images
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    Legal use of GenAI tools is massively error-prone, Stanford researchers say

    A deep look at how large language models perform suggests the technology is far from ready for widespread use by lawyers without close supervision.

    By Jan. 12, 2024
  • risk management
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    Parradee Kietsirikul via Getty Images
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    Importance of boards before, during and after a cyber incident

    The best practice is to get members of the board involved at the right time. 

    By Jan. 11, 2024
  • Cloud computing technology internet on binary code with abstract background. Cloud Service, Cloud Storage Concept. 3D render.
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    Peach_iStock via Getty Images
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    Cloud concentration poses challenges for businesses, survey finds

    “The risk associated with cloud concentration is fast losing its ‘emerging’ status as it is becoming a widely recognized risk for most enterprises,” a Gartner director said.

    By Jan. 10, 2024
  • Mannequins are seen through the windows of a storefront for What Goes Around Comes Around.
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    Bryan Bedder/Getty Images for Rachel Zoe via Getty Images
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    5 fashion lawsuits to watch in 2024

    As e-commerce and resale gain popularity, and companies face shareholder pressure, there's no shortage of courtroom drama.

    By Laurel Deppen • Jan. 10, 2024
  • Bankruptcy
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    Justin Sullivan / Staff via Getty Images
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    SVB Financial to retain VC business under creditors in asset shuffle

    SVB Financial agreed with key creditors to form a new company that would hold the firm’s venture capital unit in a step toward its bankruptcy exit plan.

    By Rajashree Chakravarty • Jan. 10, 2024
  • The interior of Beyond Yoga's Century City store.
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    Courtesy of Beyond Yoga
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    DOL: Beyond Yoga contractors to pay over $1M in wages, damages to garment workers

    Additionally, the Office of the Solicitor secured a consent judgment against Good Cash and Premium Apparel entities, imposing a $200,000 civil money penalty for violating the Fair Labor Standards Act.

    By Zoya Mirza • Jan. 9, 2024
  • in-house counsel 2024
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    new look casting via Getty Images
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    Deep Dive

    6 in-house legal trends to watch in 2024

    AI, labor, antitrust, bankruptcies, women GCs and cross-collaboration are among the headlines in-house counsel can expect this year.  

    By Lyle Moran and Robert Freedman • Jan. 9, 2024
  • Members of a committee sit at a table and watch a colleague make a presentation on a whiteboard.
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    courtneyk via Getty Images
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    Compensation committees face busy dockets in 2024, experts say

    Incentive plan performance ranges and the use of discretion in incentive payouts are among the issues compensation panels are likely to confront. 

    By Jan. 8, 2024
  • The exterior of a U.S. Bankruptcy Courthouse.
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    GussWilder for iStock via Getty Images
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    Bankruptcies surge 18% in 2023 as more distress looms

    The rise in business failures was one of the darker pieces of last year’s economic puzzle. 

    By Maura Webber Sadovi • Jan. 5, 2024
  • labor law
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    laflor via Getty Images
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    Emboldened union climate adds to M&A risks

    In-house counsel have more to wade through from a labor standpoint if their organization is looking at an acquisition, attorneys say. 

    By Jessica Mach • Jan. 5, 2024
  • Shot of Chevron gas station
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    Justin Sullivan via Getty Images
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    Chevron blames regulations, cleanups for $4B write-off in Q4

    The energy giant said California’s regulatory landscape and cleanup of decommissioned Gulf of Mexico sites are estimated to cost the company at least $3.5 billion.

    By Lamar Johnson • Jan. 4, 2024
  • Open AI, ChatGPT, copyright infringement
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    Mario Tama via Getty Images
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    NYT said to be using ChatGPT copyright suit as negotiating tactic

    The company is less interested in going to trial than generating licensing revenue from the use of its content in training GenAI tools, a tech specialist says.

    By Jan. 3, 2024
  • A wooden Google logo hangs at a stand at the 2022 Re:publica digital society festival on June 09, 2022 in Berlin, Germany.
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    Sean Gallup via Getty Images
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    How Google’s settlement will change in-app payments

    Google’s settlement with attorneys general includes a lengthy list of changes the tech titan must make in its approach to in-app payments.

    By Lynne Marek • Jan. 2, 2024
  • Close-up stock photograph showing a touchscreen monitor being used in an open plan office. A woman’s hand is asking an AI chatbot pre-typed questions & the Artificial Intelligence website is answering
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    Laurence Dutton via Getty Images
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    AI may boost M&A dealmaking this year

    Economic conditions are improving to the point where many companies are in a better position to make strategic investments in critical areas such as digitization and AI, an expert said.

    By Alexei Alexis • Jan. 2, 2024
  • labor law
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    Kevin Dietsch / Staff via Getty Images
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    Heightened labor scrutiny looms over workplace rules

    Employer policies that might otherwise be routine are likely to attract NLRB attention since the agency changed its evaluation standard. 

    By Jessica Mach • Jan. 2, 2024
  • Jerome Powell at podium
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    Win McNamee via Getty Images
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    2024 is ‘all about the Fed,’ U.S. Bank exec says

    All eyes remain on the Federal Reserve and its inflation strategies for 2024, U.S. Bank’s Stephen Philipson said.

    By Grace Noto • Dec. 21, 2023
  • SEC
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    Brendan Smialowski via Getty Images
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    SEC likely to find other ways to curb stock buybacks after court vacates rule

    The agency could use interpretive guidance and filing reviews to spur company transparency on share repurchases as it decides whether to redo its controversial rule.

    By Dec. 21, 2023
  • FTC
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    Spencer Platt / Staff via Getty Images
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    Rite Aid settles with FTC after facial recognition debacle

    The company can’t restart a crime-deterrent program based on people’s biometric data until it puts in place safeguards to prevent a flood of false positives that left many customers humiliated.

    By Dec. 20, 2023
  • unilever-brand
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    (Photo by Christopher Furlong/Getty Images) via Getty Images
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    Unilever under UK investigation for alleged greenwashing of products

    The British competition regulator will scrutinize environmental claims for consumer goods made by the CPG giant, including Dove, Comfort and Cif.

    By Iulia Gheorghiu • Updated Dec. 20, 2023
  • A businessperson uses a laptop to search for information on a web browser
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    boonstudio via Getty Images
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    California privacy agency backs opt-out preference for consumers

    The regulator would like to see legislation requiring web browser vendors to make it easier for consumers to prevent the selling and sharing of their personal information.

    By Dec. 19, 2023
  • FTC and DOJ
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    Drew Angerer / Staff via Getty Images
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    Courts could shun new FTC-DOJ merger guidelines

    The agencies lowered the threshold for calculating market concentration and increased the focus on labor-market harm among other changes in a revamp to how they look at deals from an antitrust standpoint.

    By Dec. 19, 2023
  • A compliance and regulation concept
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    Parradee Kietsirikul via Getty Images
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    Regulatory compliance tops risk concerns for GCs, report finds

    Chief legal officers are also increasingly concerned about emerging data sources such as collaboration tools and chat applications, but feel unprepared to handle the associated risks. 

    By Dec. 18, 2023