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  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. 

  Jonathan Koch • Nov. 19, 2024

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  Strategies for shareholders to compel annual meetings in jurisdictions outside of Delaware

  Many states can lack clear precedent regarding enforcement of shareholders’ right to a meeting. Counsel can provide guidance by evaluating their state’s procedural vehicles, the ripeness of the case and the scope of relief available.

  Thomas J. Fleming and Jacqueline Y. Ma • Nov. 15, 2024

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  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.  

  David Moschella • Nov. 6, 2024

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  Supreme Court poised to weigh in on legal test for FLSA exemptions

  The High Court heard oral arguments Tuesday in a case that could have implications for employers nationwide. 

  Robert Quackenboss and Tyler Laughinghouse • Nov. 5, 2024

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  DOJ’s Visa suit is unfounded

  The government acknowledges payment volumes are rising, in part because of fintech growth. This competition wouldn’t be happening if a single entity, like Visa, controlled the ecosystem.

  Aurelien Portuese • Nov. 5, 2024

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  Is the FTC targeting chargeback service providers?

  “For better or for worse, applying pressure to payments organizations to ferret out bad-merchant actors seems to be an effective way for the FTC to make private industry police the merchant marketplace,” writes an industry lawyer.

  Edward A. Marshall • Nov. 1, 2024

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  Where legal AI will be in 10 years

  By looking at how the technology will evolve against five pillars of progress, general counsel can get a sense of what legal AI will eventually do for their team.    

  Carina Negreanu • Oct. 24, 2024

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  Employers must be mindful of salary and duties tests for overtime exemption

  To prevent costly consequences, employers must proactively review employee classifications, writes Lee Jacobs, a partner at Barclay Damon.

  Lee Jacobs • Oct. 23, 2024

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  Transforming legal into a strategic business partner

  Chief legal officers and general counsel that position their departments to be strategic partners with the business can drive significant value for their companies. 

  Laura Richardson • Oct. 14, 2024

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  Nonprofits look to general counsel to up their game

  As the range and complexity of legal needs of nonprofits increase, their leaders will look to their general counsel to fill an expanded role.  

  Eskor Edem • Sept. 20, 2024

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  Applying Six Sigma principles to in-house legal departments

  The widely recognized technique for operational improvements was pioneered by manufacturing companies but its principles can work well for legal teams. 

  Mark Wilcox • Sept. 13, 2024

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  Mitigating legal risk while AI laws play catch-up

  There are steps in-house counsel can take to help ensure their organization’s use of new technology doesn’t create liability under existing laws.

  Seth P. Berman • Aug. 30, 2024

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  How mentorships can be a path to stronger firm-client relationships

  Programs that bring the law firm and the in-house team together can boost career development for young lawyers and lead to better outcomes for the general counsel. 

  Brad Vynalek and Cornell Boggs • Aug. 16, 2024

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  How IP attorneys can use AI to boost their careers

  Both in-house attorneys and outside counsel have reason to embrace generative AI but its impact on their work will be different.

  Vincent Brault • Aug. 15, 2024

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  Be a better negotiator of cloud contracts

  Getting terms such as “blanket acceptance of updates” right is critical for organizations to protect their interests, as the CrowdStrike debacle shows.   

  Jeff Andrews • Aug. 9, 2024

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  Hire the talent and not the firm: An alternative model for legal services

  By working with an independent project manager, GCs can access legal talent that won’t face constraints in time, motivation and expertise that can impede the success of outside counsel engagement.    

  Jonathan Baum • Aug. 6, 2024

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  Will 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.  

  Chuck Kellner • Aug. 5, 2024

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  Third-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.

  F. Miles Adler • Aug. 1, 2024

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  Heading off bias in your AI-embedded employment tools

  AI permeates more deeply in your HR decision-making toolkits than you might realize. Knowing how to correct for unintended bias can help from a risk management standpoint.  

  Corey Gildart and Joe Knight • July 25, 2024

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  Future-proofing in-house legal workflows

  Adopting the correct technologies can provide legal teams an opportunity to enhance their relationships with internal business partners.

  Lisa Mundrake • July 24, 2024

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  The DOJ shouldn’t re-write antitrust law out of AI fears

  Congress and regulators are setting their sights on algorithm-implementing emerging AI technologies. It’s important to remember that it takes unlawful behavior, not tools, to violate antitrust laws.

  Shubha Ghosh • July 8, 2024

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  GC, CCO roles can protect PE firms as SEC steps up AI scrutiny

  For private equity, with its cutting edge use of new technology, having both a GC and a compliance officer protecting a firm can be a risk management difference maker.

  Allison Rosner and Craig Donaldson • June 25, 2024

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  Picking the best path for a career in eDiscovery

  The eDiscovery space offers abundant economic and professional opportunities to those willing to put in the work.

  Jonathan Moody • June 12, 2024

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  Mitigating risk from consumer claims

  Hotels and restaurants are particularly vulnerable to ADA claims, while producers and sellers of consumer packaged goods are vulnerable to misleading packaging claims. 

  Sedina L. Banks and Ira M. Steinberg • May 30, 2024

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  Let’s avoid legal patchwork for credit card surcharging

  “All parties in the payments ecosystem would benefit greatly from state laws that provide clarity and consistency between jurisdictions,” write two legal professionals.

  Jonathan Razi and Keturah Taylor • May 23, 2024

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