Emerging Issues


  • Executive order restricting bulk data sales
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    Alex Wong / Staff via Getty Images
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    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 Feb. 29, 2024
  • NYT OpenAI copyright infringement lawsuit
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    Ramin Talaie via Getty Images
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    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 Feb. 28, 2024
  • legal outlook Explore the Trendline
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    Sean Anthony Eddy via Getty Images
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    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
  • ign on Doorway for the Federal Trade Commission in Washington D.C.
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    LD via Getty Images
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    FTC files suit to stop Kroger-Albertsons merger

    Nine attorneys general have joined the federal court complaint, which claims that the deal would boost grocery prices and hurt workers.

    By Sam Silverstein , Jeff Wells • Updated Feb. 26, 2024
  • Murray v. UBS, protected reporting, SEC
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    Cristian Storto Fotografia via Getty Images
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    GCs urged to act before employees become whistleblowers

    By shifting the burden to employers, the Supreme Court’s Murray v. UBS ruling makes it crucial that executives not let employees feel ignored when they report concerns.

    By David Weisenfeld • Feb. 23, 2024
  • A general counsel and CEO talk while walking through a business office
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    VioletaStoimenova via Getty Images
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    Opinion

    Why a general counsel must serve as a business partner

    How the GC performs when the proverbial door closes and the executive team has to engage in candid and sometimes fraught conversations about critical issues is pivotal.

    By Michael Sachs and Joanna Herman • Feb. 23, 2024
  • ChatGPT hallucinations in legal
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    Nauval Wildani via Getty Images
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    Judge rejects firm’s use of ChatGPT in fee request

    Until the technology goes through a paradigm shift in reliability, don’t bother using it to justify compensation again, a judge tells a law firm.

    By Feb. 23, 2024
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    sefa ozel via Getty Images
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    AI could spark change in the SMB lending space

    Financial institutions, including fintechs, can leverage artificial intelligence technology like machine learning to automate lending decisions, a white paper commissioned by Uplinq said.

    By Rajashree Chakravarty • Feb. 22, 2024
  • legal tech
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    tolgart via Getty Images
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    How generative AI could alter the staffing mix in legal departments

    The emerging tech will result in more data-focused hires and lawyers becoming a minority on in-house legal teams, a KPMG global leader predicts.

    By Feb. 20, 2024
  • illegal impersonation
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    Tero Vesalainen via Getty Images
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    FTC mulls making companies liable for enabling illegal impersonations

    Recent rulemaking aims at deepfakes, other deceptions, and also seeks to speed up equitable relief.

    By Feb. 20, 2024
  • Executives are seen speaking during a meeting.
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    AzmanL via Getty Images
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    Companies struggle with decarbonization due to internal governance, data issues

    Most organizations are committed to decarbonization, but a siloed approach, bureaucracy and data challenges stand in the way of success, an Engie report says.

    By Suman Bhattacharyya • Feb. 20, 2024
  • DOJ AI enforcement
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    Kevin Dietsch / Staff via Getty Images
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    DOJ plans to up penalties for misconduct involving AI

    The agency has launched a six-month initiative to assess how the technology impacts its work, but in the meantime it’s treating it like a stepped-up threat. 

    By Feb. 16, 2024
  • A business person uses a generative AI application on their laptop
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    Shutthiphong Chandaeng via Getty Images
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    Leading general counsel team up to support generative AI adoption

    A collaboration spearheaded by Factor includes participation from executives at companies such as Microsoft, Intel, Adobe and Ford.

    By Feb. 16, 2024
  • DOJ, ESPN, Fox, Warner Bros., antitrust investigation
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    Tero Vesalainen via Getty Images
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    DOJ to scrutinize Disney-Fox-Warner sports streaming deal

    An antitrust challenge could be based on the joint venture’s impact on the market for sports rights as well as consumer harm, says a report by Bloomberg Law, which first reported on regulators’ concerns.

    By Feb. 16, 2024
  • transfer pricing tax
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    Mark Wilson via Getty Images
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    IRS could hit companies if they charge too much for affiliate loan

    If an outside lender would underwrite a loan at a lower rate because of the borrower’s affiliation with a strong parent, then an intragroup loan should reflect that, an IRS memo says.

    By Feb. 13, 2024
  • FTC, DOJ, antitrust, HSR reviews
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    Michael M. Santiago via Getty Images
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    Few mergers emerge unscathed from FTC, DOJ second requests

    Although antitrust enforcers seek detailed reviews in only a fraction of proposed deals, those transactions that are subject to them are likely to end up changing — if not abandoned altogether.

    By Feb. 12, 2024
  • A series of voting booths in a brightly lit room.
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    mrolands via Getty Images
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    Risk executives worry about political polarization amid elections and conflicts: Gartner

    One other contributor to the polarization is pervasive economic pessimism, which Gartner said can contribute to “extreme ideological realignments.”

    By Feb. 8, 2024
  • license caps
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    Sean Gallup via Getty Images
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    US cities unlikely to follow Toronto’s bruising effort to curb Uber

    The company hit back forcibly when Canada’s largest city tried to cap the number of ride-hailing licenses it grants. 

    By Ramona Dzinkowski • Feb. 8, 2024
  • A man in a suit speaks at a podium.
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    Kena Betancur / Stringer via Getty Images
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    Manhattan DA seeks tighter payment app security

    “No longer is the smartphone itself the most lucrative target for scammers and robbers – it’s the financial apps contained within,” DA Alvin Bragg Jr. said.

    By James Pothen • Jan. 30, 2024
  • rep and warranty insurance
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    pixelfit via Getty Images
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    Rep and warranty insurance said to speed M&A but claims can be slow

    Buyers increasingly rely on the policies for deal confidence even though post-closing disputes can take 18 months to settle.

    By Jan. 30, 2024
  • corporate law
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    alexsl via Getty Images
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    2024 in-house legal outlook series: GCs, CLOs ready for hard decisions

    Legal leaders look at practical generative AI use cases and get tough on outside counsel spend, among other priorities this year.  

    By Lyle Moran and Robert Freedman • Jan. 29, 2024
  • An in-house lawyer discusses outside counsel management with two colleagues.
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    shapecharge via Getty Images
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    Outside counsel management is a growing focus for in-house legal teams

    An emphasis on cost control is prompting legal departments to scrutinize law firm rate requests and examine shifting work to other providers who cost less.

    By Jan. 29, 2024
  • A copyright and intellectual property concept on a digital display
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    gesrey via Getty Images
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    Opinion

    Why copyright law is equipped to handle AI cases

    As legal challenges against AI models and AI-generated writing and art arise, it's critical that courts and regulators avoid piling on new legislative frameworks.

    By Jess Miers • Jan. 26, 2024
  • antitrust law
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    Anna Moneymaker / Staff via Getty Images
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    People stories helping DOJ, FTC notch antitrust wins, Kanter says

    Several high-profile mergers were abandoned in just the last few months, a result that the federal antitrust chief attributed in part to better communications. 

    By Jan. 26, 2024
  • Judges Or Auctioneer Gavel On The Dollar Cash Background
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    Avosb via Getty Images
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    Opinion

    Holding out for a bankruptcy ‘cram down’? Think again.

    C-suites should take a hard look at the true cost of bankruptcy before filing for Chapter 11, Lowenstein Sandler’s Kenneth A. Rosen writes. 

    By Kenneth A. Rosen • Jan. 25, 2024
  • Group of diverse people
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    courtneyk via Getty Images
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    Legal chiefs, diversity officers view DEI differently, survey finds

    “The lack of alignment in the C-suite could pose new challenges for organizations in communicating and acting on their IE&D-related positions and values,” the Littler report said.

    By Jan. 25, 2024