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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 -
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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
