Emerging Issues: Page 8
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CEOs, CFOs can’t get non-prosecution agreement under DOJ pilot
Criteria released by the Department of Justice April 15 lets corporate executives know if they stand a good chance of avoiding charges for coming forward with misconduct allegations.
By Robert Freedman • April 17, 2024 -
Column
Coming Live Nation antitrust suit suggests DOJ got it wrong last time
Critics have said the Department of Justice should have broken up Live Nation when it looked at its 2010 merger with Ticketmaster. A reported lawsuit that’s coming could try to make that happen.
By Robert Freedman • April 16, 2024 -
Certify to accuracy but otherwise no AI disclosure needed, patent office says
Disclosure would be needed if AI use is material to the patentability of something, the agency says in its latest AI guidance.
By Robert Freedman • April 15, 2024 -
Insider trading cases show need for remote-work ground rules
Legal leaders can set expectations for employees who come in contact with sensitive information from another in the household when they’re both working from home.
By Robert Freedman • April 12, 2024 -
Too-big-to-care attitude sparks FTC antitrust probes, Khan says
Even though it’s typically out-gunned by deep-pocketed companies and it relies on old laws, the agency has an approach that works for it, the high-profile commission chair says.
By Robert Freedman • April 3, 2024 -
Bloomberg Law report could fuel litigation finance disclosure push
The publication details how the gray area of law occupied by third-party funding of legal cases could enable Russian oligarchs to evade sanctions.
By Robert Freedman • March 28, 2024 -
Opinion
Invisible assets, visible impact: Understanding the patent advantage
Protecting your company’s intellectual property by developing a patent strategy isn’t typically a priority for general counsel, but it should be if you want to fully monetize your company’s assets.
By Keegan Caldwell • March 27, 2024 -
RFK Jr.’s VP pick is a patent tech entrepreneur
Nicole Shanahan spent 15 years helping companies create, manage and monetize patents before selling her company to one of the country’s biggest patent trolls.
By Robert Freedman • March 27, 2024 -
AI-assisted inventions should be encouraged, USPTO official says
The practice comes with risks but the competitiveness of the U.S. relies on the future use of AI assistance in inventions, USPTO Director Kathi Vidal says.
By Suman Bhattacharyya • March 22, 2024 -
How Amazon’s legal team built a global pro bono program
Amazon GC David Zapolsky said it’s been inspiring to see members of his department provide legal support to those in need across the world.
By Lyle Moran • March 21, 2024 -
DOJ, state AGs sue Apple for monopolization of smart phone market
Apple has maintained monopoly power over smartphones by violating federal antitrust law, Attorney General Merrick Garland says.
By Robert Freedman • March 21, 2024 -
16 states have AI laws, most of them to curb profiling
Half of all states have AI laws under consideration, with profiling the biggest concern, a compilation shows.
By Robert Freedman • March 20, 2024 -
Federal appeals court pauses SEC climate rule implementation
The climate disclosure regulation is now on pause pending a review from the U.S. Fifth Circuit of Appeals, as the first of multiple challenges yields action.
By Lamar Johnson • March 19, 2024 -
EU AI law is sweeping but compliance seen as straightforward
The most invasive uses of the technology would be banned while other uses would face requirements based on the degree of risk they pose to people’s rights.
By David Weisenfeld • March 15, 2024 -
Opinion
When you choose a language model, remember that size isn’t everything
While expensive models have their merits, success with LLMs in the business environment hinges much more on matching a model's capabilities with the specific requirements of the task.
By Dawid Robert Kotur and Nick Long • March 14, 2024 -
EU lawmakers pass sweeping AI rules with global reach, stiff penalties
Penalties include up to €35 million or 7% of a company’s total worldwide annual turnover — whichever is higher — for violations of a ban on “emotion recognition” in the workplace.
By Alexei Alexis • March 13, 2024 -
Forum shopping limits could work best in diverse circuits
Plaintiffs assigned a random district judge can still hope to win at the appellate level in ideologically aligned circuits, but in diverse circuits, that advantage could go away.
By Robert Freedman • March 13, 2024 -
OpenAI quells some enterprise fears as leadership saga concludes
The AI startup’s board expansion to include more enterprise experience will partly allay customer worries, one expert said, but safety concerns across vendors persist.
By Lindsey Wilkinson • March 11, 2024 -
Visa spends ‘billions’ battling cybersecurity threats
The company is using generative artificial intelligence to thwart account-to-account fraud by way of Visa services.
By Lynne Marek • March 11, 2024 -
Awards will close gaps in whistleblower programs, Monaco says
Recipients must be first in the door with information to get paid for coming forward under DOJ’s pilot program.
By Robert Freedman • March 8, 2024 -
Opinion
AI rise increases importance of IP audits
Having a clear view of your company’s patents, trademarks, copyrights and trade secrets is a first step to protecting your intellectual property and building a process to maximize new IP value going forward.
By Stephen Sullivan • March 7, 2024 -
DOJ planning to offer SEC-like whistleblower awards
It’s not clear what authority the agency will rely on but details are expected soon, Bloomberg Law reported.
By Robert Freedman • March 7, 2024 -
SCOTUS affirmative action ruling leaves opening for corporate DEI, former AG Holder says
A carve-out for military academies suggests that what applies to educational institutions doesn’t necessarily extend to the business world.
By Suman Bhattacharyya • March 4, 2024 -
DOJ to use OFAC enforcement model for Biden order on bulk data sales
Companies will need to have controls in place but there won’t be any prescriptive due diligence or reporting requirements to comply with data sales curbs to China, other adversarial countries.
By Robert Freedman • Feb. 29, 2024 -
OpenAI seeks to trim NYT lawsuit to fair use question
The generative AI company accuses the newspaper of hiring a hacker to generate results that ordinary users wouldn’t get to make infringement look worse than it is.
By Robert Freedman • Feb. 28, 2024