Emerging Issues: Page 3


  • brian armstrong, crypto lawsuits, SEC
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    Matt Winkelmeyer / Staff via Getty Images
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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 Dec. 4, 2024
  • mergers M&A acquisitions law legal
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    Bevan Goldswain via Getty Images
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    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 Dec. 3, 2024
  • FTC Lina Khan
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    Kevin Dietsch via Getty Images
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    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 Dec. 2, 2024
  • legal tech gen AI generative AI
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    mathisworks via Getty Images
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    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 Nov. 30, 2024
  • Stephen Miller, America First, reverse discrimination, second Trump term
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    Kevin Dietsch / Staff via Getty Images
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    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
  • H1B, immigration, high-skilled workers
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    Cristian Storto Fotografia via Getty Images
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    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 Nov. 25, 2024
  • Moelis decision, shareholder agreements
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    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 Nov. 20, 2024
  • Algorithmic pricing, Koch, realpage, cendyn
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    Igor Kutyaev via Getty Images
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    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
  • Then-U.S. Rep. Matt Gaetz (R-Fla.) speaks at a Donald Trump presidential campaign rally.
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    Mario Tama via Getty Images
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    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, AMG, Section 13(b), Section 19 FTC Act
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    hapabapa via Getty Images
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    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 Nov. 18, 2024
  • A glass building with a sign reading "Fannie Mae."
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    Courtesy of Fannie Mae
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    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
  • Justice Department Matt Gaetz Congress attorney general
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    Drew Angerer via Getty Images
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    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 Nov. 14, 2024
  • A truck passes by the BP refinery
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    Scott Olson via Getty Images
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    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
  • state corporate law, Stephen Bainbridge
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    Apu Gomes via Getty Images
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    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 Nov. 13, 2024
  • PagerDuty
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    Andrey Popov via Getty Images
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    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 Nov. 12, 2024
  • A diverse group of six lawyers stand near one another in an office setting
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    VioletaStoimenova via Getty Images
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    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
  • HSR review, intangible assets, GAAP, FTC, DOJ
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    Motortion via Getty Images
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    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 Nov. 12, 2024
  • FTC chair, Lina Khan, Gail Slater, Mark Meador, Alex Okuliar, Todd Zywicki
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    Chip Somodevilla via Getty Images
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    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 Nov. 11, 2024
  • Gavin Newsom
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    Chip Somodevilla via Getty Images
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    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 Nov. 8, 2024
  • FTC, DOJ, merger guidelines
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    P_Wei via Getty Images
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    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 Nov. 7, 2024
  • data gen AI artificial intelligence Big Data
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    hirun via Getty Images
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    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 Nov. 7, 2024
  • Alphabet, antitrust, Moschella
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    JHVEPhoto via Getty Images
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    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
  • China trade tariffs
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    Anatolii Kovalov via Getty Images
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    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 Nov. 4, 2024
  • legal corporate law
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    fizkes via Getty Images
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    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 Oct. 31, 2024
  • D&O insurance, NSI, Bishara
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    Designer491 via Getty Images
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    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 Oct. 31, 2024