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What businesses should know about consent rules when calling consumers
Rules around obtaining consumer consent before calling or texting are in a state of legal and regulatory uncertainty – and companies should remain cautious.
Melanie Senosiain and Traci Rollins • Feb. 19, 2025 -
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Shielding your organization from AI-related liability
There are some basic building blocks to ensure your insurance strategy is adequate.
Corrie Hurm • Feb. 7, 2025 -
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DOJ’s rental price-fixing suit is following a misguided path
Regulators would like to think that RealPage’s price suggestions are rate mandates, but they only speak to a hypothetical price status at a given point in time.
Andrew Ketterer • Feb. 4, 2025 -
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Federal ‘AI washing’ enforcement likely to continue
Although the Trump administration is unlikely to push AI-specific regulation, companies overstating their claims about the technology face laws against fraud and misrepresentation.
Duane Pozza and Nick Peterson • Jan. 31, 2025 -
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AI pricing is market efficiencies at work
The Trump administration can serve consumers by rejecting the Biden administration's effort to use antitrust laws to stifle innovation in pricing tools.
Bruce Abramson • Jan. 28, 2025 -
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How ‘productization’ turns legal services into a strategic asset
By treating the in-house team’s work as scalable product that aligns with business needs, general counsel can put to rest the idea of legal as only a cost center.
Liz Lugones • Jan. 22, 2025 -
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How risk mitigation can power strategic business success
With the right tools, the compliance team can bring insight to the table that can do more than keep an organization out of trouble; it can open the door to growth opportunities.
Vicky LeVay • Jan. 21, 2025 -
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How litigation attorneys can zero in on documents that matter
Document management systems are often unwieldy, but there are ways to securely separate what’s important from what’s not — even as attorneys double down on remote work.
Brandie Knox • Jan. 9, 2025 -
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7 tips for effective, internal workplace investigations
Well-executed investigations can protect the entity involved as well as the individuals affected by its results, writes Joycelyn Stevenson, a shareholder at Littler Mendelson.
Joycelyn Stevenson • Jan. 2, 2025 -
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How Big Tech’s AI arms race threatens data security
The data security industry exists to secure its customers’ records. With some security companies selling data for AI training, it might be time for a quasi-governmental regulator to step in with standards.
Danielle Sheer • Dec. 20, 2024 -
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FanDuel, DraftKings inquiry could shape antitrust enforcement in digital markets
If the companies are found to be targeting critical inputs and partnerships essential to smaller competitors, they could be unlawfully restraining trade.
David Balto • Dec. 19, 2024 -
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Handling linked content while courts and agencies differ over standards
Given the lack of agreement on how dynamic content should be treated in discovery and for compliance purposes, legal teams should develop workflows for preserving and managing the content internally.
Craig Hendley • Dec. 13, 2024 -
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The role of legal teams in creating AI ethics guardrails
For organizations to balance the benefits of artificial intelligence with its risk, it's important for counsel to develop policy on data governance and privacy.
Catherine Dawson • Nov. 26, 2024 -
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Bridging cyber insurance and data privacy
As privacy class actions triple in costs and cyber insurance premiums climb, legal teams must revise their organization’s incident response plans, strengthen vendor oversight and align data governance with stricter underwriting requirements.
Camilo Artiga-Purcell • Nov. 21, 2024 -
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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
