Emerging Issues: Page 6
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SEC defends its authority for climate disclosure rule in court
The agency said its climate rule will help to better inform investors with “more detailed, consistent, and comparable information” in replying to legal challengers.
By Lamar Johnson • Aug. 8, 2024 -
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DOJ is lowering the antitrust bar to go after RealPage, economist says
Should the agency sue the rental property software company, it will be alleging collusion among companies that arguably have had no contact with one another, a former FTC adviser says.
By Robert Freedman • Aug. 8, 2024 -
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Use NDAs for trade secrets, not to hide harassment, ABA says
The trade group passed a resolution calling on state and local governments to get tough on employers’ broadening use of non-disclosure agreements.
By Robert Freedman • Aug. 7, 2024 -
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Google loses U.S. lawsuit alleging antitrust violations
The search giant used deals with mobile phone makers to restrict competitors in the search and search text advertising markets, a federal court ruled.
By Justin Bachman • Aug. 5, 2024 -
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OpinionWill deepfakes overwhelm us? What’s ahead for in-house legal teams
In-house lawyers will not need to outsource the examination of every piece of evidence for deepfakes. There are ways they can filter evidence themselves.
By Chuck Kellner • Aug. 5, 2024 -
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JD Vance’s regulatory romance with the Biden FTC
Antitrust policy has split Republicans philosophically, leaving executives curious how a second Trump term might affect the commission’s approach.
By Justin Bachman • Aug. 5, 2024 -
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OpinionThird-party compliance certification can get cannabis cash safely into banks
Even if the SAFER Banking Act passes, the infrastructure exists within the cannabis industry for third parties to do the kind of accrediting the Joint Commission does for the healthcare field, says attorney F. Miles Adler.
By F. Miles Adler • Aug. 1, 2024 -
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Lawyers and legal ops teams are clashing at many companies: study
Power dynamics and office politics are blamed for this internal strife, which was found to be common at U.S. companies with legal operations roles.
By Justin Bachman • July 31, 2024 -
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3 statutory ways Supreme Court terms might be limited to 18 years
A commission President Biden appointed three years ago to look at top court reform explored how term limits might work absent a constitutional amendment.
By Robert Freedman • July 29, 2024 -
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‘Friendly fraud’ persists under the radar
Fraud committed by customers threatens companies’ bottom lines and often goes unreported, experts say.
By Suman Bhattacharyya • July 25, 2024 -
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ColumnFTC’s ‘surveillance pricing’ probe is a rare bipartisan effort
The two Republican-appointed commissioners don’t like the negative gloss of “surveillance” in the name of the probe but see value in studying this growing use of data.
By Robert Freedman • July 24, 2024 -
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Oklahoma judge permanently blocks state’s anti-ESG law
The ruling extends a temporary injunction against the law issued in May, though Oklahoma Attorney General Gentner Drummond said he will bring an appeal to the state Supreme Court.
By Lamar Johnson • July 23, 2024 -
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Questions over AI claims likely mean a lawsuit is coming, D&O specialist says
If investors suspect a company is being disingenuous about its use of the new technology, don’t be surprised if their next step is a securities claim, the head of an insurance intermediary says.
By Robert Freedman • July 23, 2024 -
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Deep DiveWhy in-house counsel and law firms are warming up to litigation funders
The dispute-financing industry is poised for growth as legal departments seek to evolve their reputation as pure cost centers.
By Justin Bachman • July 21, 2024 -
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Companies turn to AI contract tools to reduce external risks
Executives often overlook the importance of shrewd third-party contracting when managing their risk profiles, according to a legal tech panel.
By Justin Bachman • July 18, 2024 -
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Reduced shareholder lawsuit risk doesn’t mean more ESG reporting: study
The lower risk of being sued means companies don’t need the social credibility that comes with the reports, a study finds.
By Robert Freedman • July 18, 2024 -
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Deep DiveWhat employers can expect following the end of Chevron deference
For one thing, the U.S. Department of Labor’s regulations may not fare well under federal courts’ scrutiny post-Chevron, a former DOL official told HR Dive.
By Ryan Golden • July 17, 2024 -
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Ransomware leak site posts jumped 20% in Q2
Threat groups claimed attacks on 1,237 organizations during the quarter, marking an increase from Q1. U.S.-based businesses accounted for more than half of all victims, Reliaquest found.
By Matt Kapko • July 16, 2024 -
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OpenAI NDAs violate whistleblower laws, attorneys tell SEC
Even if the company has cleaned up its act, its past effort to keep insiders from talking about generative AI risks needs investigating, the attorneys say.
By Robert Freedman • July 16, 2024 -
A big shareholder could outgun board in bill headed to Delaware governor
Corporate law scholars are concerned the bill will build into law a trend in which a founder or other key shareholder uses an agreement to exercise company control.
By Robert Freedman • July 15, 2024 -
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5 takeaways on costs, challenges of climate disclosure compliance
Complacency regarding the SEC’s now-stayed rules could leave companies “scrambling to try to get ready” once they are put in place, PwC’s Marc Siegel said.
By Maura Webber Sadovi • July 15, 2024 -
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Gen AI and attorneys aren’t (yet) working well together, survey finds
Lawyers were the most dissatisfied with generative AI results among corporate work groups, according to a quarterly Bain survey.
By Justin Bachman • July 12, 2024 -
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Supreme Court term showed justices’ ‘project’ to reallocate power, lawyers say
The court disrupted regulatory agencies with its major business rulings, although federal courts may need to offer new stability, according to a legal panel.
By Justin Bachman • July 11, 2024 -
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76% of SaaS companies use ‘dark patterns,’ analysis finds
With federal regulators and states clamping down on the practice, companies might take a hard look at how they’re presenting information on their websites and in their apps.
By Robert Freedman • July 11, 2024 -
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AI policy, compliance leave lawyers more skeptical than executives: survey
North America has so far adopted an “innovation-friendly” approach to AI regulations compared to countries in Europe and Asia, a report finds.
By Justin Bachman • July 10, 2024
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