Emerging Issues: Page 4
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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 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 Robert Freedman • Dec. 21, 2023 -
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 -
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 Robert Freedman • Dec. 20, 2023 -
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 -
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 Lyle Moran • Dec. 19, 2023 -
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 Robert Freedman • Dec. 19, 2023 -
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 Lyle Moran • Dec. 18, 2023 -
SEC won’t budge on crypto regulation
In denying a petition submitted by Coinbase, the agency has concluded rulemaking isn’t needed for issuers and intermediaries to know which – and how – crypto assets fit within securities law.
By Robert Freedman • Dec. 15, 2023 -
2023 will be remembered as a big year for employment law
Issues stemming from pay transparency, size discrimination and return-to-office policies remain in flux as in-house counsel look ahead to 2024.
By Robert Freedman • Dec. 14, 2023 -
Judge asks Michael Cohen lawyer if cited cases are fake
In what might be another case of AI hallucination, U.S. District Judge Jesse Furman asks attorney David Schwartz why three cases he cites in a motion to end supervised release for the former Trump fixer can’t be found.
By Robert Freedman • Dec. 13, 2023 -
Nuns take on big guns, sue Smith & Wesson board over AR-15 sales
Environmental law professor Victor Flatt said he expects to see more derivative suits filed over environmental, social and governance factors going forward.
By Lamar Johnson • Dec. 13, 2023 -
Vanguard, Arjuna Capital issued House Judiciary subpoenas over ESG probe
The committee is seeking information from the two asset management firms for its investigation into whether industry climate alliances violate antitrust law.
By Lamar Johnson • Dec. 12, 2023 -
Final SEC climate disclosure rule pushed to April 2024
The Department of Treasury and Federal Trade Commission also have a number of upcoming rules that could affect companies’ environmental, social and governance policies.
By Lamar Johnson • Dec. 7, 2023 -
ADA discrimination standing stays murky after SCOTUS rules case moot
Lower courts remain split on whether someone can sue for lack of accessibility information even if the person filing the complaint has no intention of going to the company’s physical location.
By Robert Freedman • Dec. 6, 2023 -
FTC crackdown could change influencer marketing for food and beverages
Warnings from the antitrust division have the potential to make social media campaigns more cautious in how they communicate.
By Chris Casey • Dec. 5, 2023 -
GCs called key to getting directors involved in AI oversight
Legal chiefs are uniquely positioned to create a structure tying the board’s duties of care and loyalty to the risks companies face as employees step up use of new technologies.
By Robert Freedman • Dec. 4, 2023 -
Deep Dive
‘Rough ride’: 5 tips for cutting insurance costs amid climate change
Executives face a seller’s market for commercial property insurance as carriers push up premiums and pull back from high-risk areas.
By Jim Tyson • Nov. 30, 2023 -
Businesses face automated decisionmaking disclosures under proposed California regulations
Companies using automated technology to make decisions in areas such as employment would have to provide consumers with a variety of information about their activities.
By Lyle Moran • Nov. 28, 2023 -
Employers willing to pay ‘premium’ for AI-skilled workers: AWS study
Nearly three out of four (75%) employers who view the hiring of talent with AI skills as a priority reported having difficulty finding qualified candidates.
By Alexei Alexis • Nov. 28, 2023 -
GCs advised to assist with recruitment of board candidates
Legal chiefs can work closely with other executives to ensure skills gaps on boards are identified and broad talent pools are considered.
By Lyle Moran • Nov. 27, 2023 -
Opinion
Navigating religious accommodation after Groff v. DeJoy
Employers may need to institute more rigorous processes than they now have in place for handling such accommodations.
By Jonathan A. Segal and Adam D. Brown • Nov. 21, 2023 -
Even as perils loom over environmental insurance market, terms remain flexible
As more contaminants are discovered and weather extremes persist, carriers will likely slim down their exposure, a broker says.
By Robert Freedman • Nov. 21, 2023 -
Environmental groups call on FTC to stop pair of Big Oil mergers
ExxonMobil’s and Chevron’s proposed mergers with Pioneer Natural Resources and Hess Corp., respectively, are two of the largest M&A deals in industry history and allegedly infringe on antitrust laws.
By Lamar Johnson • Nov. 20, 2023 -
Generative AI policies should focus on four key areas, Gartner advises
General counsel have a key role to play in company discussions about AI use cases, restrictions, decision rights and disclosure obligations.
By Lyle Moran • Nov. 15, 2023 -
Most M&A dealmakers expect to acquire companies with AI capabilities
Dealmakers also anticipate that emerging AI will impact several mergers and acquisitions processes in 2024, according to a Dykema survey.
By Lyle Moran • Nov. 14, 2023