Emerging Issues: Page 3
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Crypto leaders have knives out for attorneys leaving the SEC
Coinbase and Ripple executives want law firms not to hire lawyers who worked on lawsuits against them.
By Robert Freedman • Dec. 4, 2024 -
What’s driving M&A into 2025? Companies seeking AI capabilities
The race into generative artificial intelligence is fueling many deals, while contingent considerations are bridging valuation gaps, Cooley’s M&A team says.
By Justin Bachman • Dec. 3, 2024 -
FTC rule change splits Republican commissioners after Trump win
The telemarketing rule expansion is designed to protect seniors from consumer tech sales scams. One commissioner says the “lame duck” FTC should stand down.
By Justin Bachman • Dec. 2, 2024 -
Q&A
Why smart firms are rethinking the billable hour using new AI tools
As more legal work is automated, forward-thinking law firms will focus on self-service and new billing methods, the chief revenue officer of Definely predicts.
By Justin Bachman • Nov. 30, 2024 -
Reverse discrimination claims might rise under Trump
Companies should take a look at their DEI initiatives to avert allegations of reverse discrimination, an attorney says.
By David Weisenfeld • Nov. 26, 2024 -
Keeping your skilled workers in the face of stepped-up immigration enforcement
Expect to face higher costs and more compliance complexity but if your employees’ visas are in order, your company should be fine, a specialist says.
By Robert Freedman • Nov. 25, 2024 -
In business-friendly Delaware decision, company wins OK to move to business-friendly Nevada
The Trade Desk needed only a simple majority vote to reincorporate in Nevada after a Chancery Court ruling found a supermajority vote wasn’t needed.
By Robert Freedman • Nov. 20, 2024 -
Opinion
Gibson decision undermines DOJ antitrust case against algorithms
Courts have been hesitant to equate the use of common pricing algorithms with illegal price-fixing conspiracies. As a result, algorithmic pricing has gained acceptance across industries.
By Jonathan Koch • Nov. 19, 2024 -
Trump’s DOJ pick has backed tough antitrust actions against big tech
Even if the controversial nominee is confirmed, it’s not yet clear if his “surprising” antitrust positions will be adopted in the Trump administration, analysts said.
By Alexei Alexis • Nov. 19, 2024 -
FTC sees big drop in consumer relief per dollar spent on enforcement
The agency blames the Supreme Court’s 2020 AMG decision, which said courts had been improperly allowing the FTC to obtain money as part of an injunction against company practices.
By Robert Freedman • Nov. 18, 2024 -
Fannie Mae investigates potential multifamily mortgage fraud
The government-sponsored enterprise admitted in its Q3 report that it had experienced financial losses due to loan misrepresentation.
By Mary Salmonsen • Nov. 14, 2024 -
Trump’s contentious AG choice presents Senate majority a test
The selection of ex-congressman Matt Gaetz serves as an early loyalty exam for Senate Republicans, and may point to several Trump recess appointments.
By Justin Bachman • Nov. 14, 2024 -
Only 16% of global companies on track for 2050 net-zero goals: Accenture
“The fact that so few of the G2000 companies are on track to reach net-zero emissions is alarming,” the director of shareholder advocacy at Trillium Asset Management told ESG Dive.
By Lamar Johnson • Nov. 14, 2024 -
Don’t let Musk ‘hissy fit’ ruin states’ corporate law role, legal expert says
Trump’s incoming "efficiency czar” has talked about handing corporation law to the federal government. That’s a bad idea, Stephen Bainbridge of UCLA says.
By Robert Freedman • Nov. 13, 2024 -
Q&A
How a tech GC views AI-enabled efficiencies and regulation
PagerDuty’s top in-house counsel sees legal AI tools as a way to scale resources without adding headcount while focusing lawyers on their high-value work.
By Justin Bachman • Nov. 12, 2024 -
Utah Supreme Court proposes apprenticeship path for law graduates
The trend is in keeping with a larger workforce-wide push toward skills-based hiring.
By Ginger Christ • Nov. 12, 2024 -
GAAP is letting companies get away with anticompetitive mergers, researchers say
Intangible assets aren’t being captured in the merger review thresholds that federal antitrust agencies rely on, a paper shows.
By Robert Freedman • Nov. 12, 2024 -
Column
Unlike Khan, next FTC chair will likely have private sector experience
All of the candidates under consideration have practiced in law firms or have had in-house roles, suggesting they’ll bring context that critics say is lacking in the current chief.
By Robert Freedman • Nov. 11, 2024 -
Trump agenda has states, advocacy groups girding for legal battles
California, New York and Illinois are among states readying to sue the Trump administration over divisive social issues.
By Justin Bachman • Nov. 8, 2024 -
Merger guidelines will likely go away under Trump
Expect continued robust enforcement of competition laws but based on legal precedent rather than the sweeping approach taken under Biden, specialists say.
By Robert Freedman • Nov. 7, 2024 -
Harness your data better to drive legal strategy, AI expert says
Generative AI is a key component of unlocking data to benefit in-house legal departments and their outside firms, a legal tech executive says.
By Justin Bachman • Nov. 7, 2024 -
Opinion
Alphabet case echoes 50 years of antitrust overreach
New technologies, not antitrust actions, have tended to humble tech giants of the past. There ‘s no reason to believe that won’t be the case today as regulators target a new set of successful companies.
By David Moschella • Nov. 6, 2024 -
Geopolitical risk is spurring greater corporate spending: survey
Among six major global trade nations, corporate legal executives see the U.S. and Mexico as the highest risk for imposing trade tariffs, a survey finds.
By Justin Bachman • Nov. 4, 2024 -
What to do when a major project lands on the legal team
From M&A to a public offering, there are times when a legal department must become all-hands-on-deck to get the job done. Sometimes external help is needed.
By Justin Bachman • Oct. 31, 2024 -
Your D&O coverage is probably inadequate, a broker says
If it is, you’ll want to know that before facing a shareholder lawsuit, Jason Bishara of NSI Insurance Group says.
By Robert Freedman • Oct. 31, 2024