Emerging Issues


  • The Wall Street street sign is visible in the foreground with a picture of a trader in front of the stock market on the left of the sign. Three american flags are out of focus in the background.
    Image attribution tooltip
    Spencer Platt via Getty Images
    Image attribution tooltip

    Dems ask SEC, DOL to not issue anti-ESG rules: Exclusive

    A coalition of 17 blue state finance officials sent a letter to the agencies to counter prior assertions made by their Republican colleagues.

    By Lamar Johnson • Feb. 20, 2025
  • FCC telemarketing Do Not Call lawsuits
    Image attribution tooltip
    Andreas Naegeli via Getty Images
    Image attribution tooltip
    Opinion

    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.

    By Melanie Senosiain and Traci Rollins • Feb. 19, 2025
  • in-house counsel Explore the Trendline
    Image attribution tooltip
    FlamingoImages via Getty Images
    Image attribution tooltip
    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
  • President Donald Trump holds up a few papers while speaking into a microphone.
    Image attribution tooltip
    Joe Raedle / Staff via Getty Images
    Image attribution tooltip

    Trump order tightens White House grip on Fed, SEC

    Under the order, independent agencies must submit for review “significant” regulations to a unit within the Office of Management and Budget. The order gives OMB Director Russ Vought power over independent agencies’ budgets.

    By Caitlin Mullen • Feb. 19, 2025
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
    Image attribution tooltip
    Ryan Golden/Legal Dive
    Image attribution tooltip

    In broad sweep, EEOC moves to abandon its pending gender identity bias lawsuits

    In its motions to dismiss, the agency pointed to President Donald Trump’s executive order on “gender ideology extremism” and guidance from the Office of Personnel Management.

    By Emilie Shumway • Feb. 19, 2025
  • The exterior of the Consumer Financial Protection Bureau building
    Image attribution tooltip
    The image by Ted Eytan is licensed under CC BY-SA 2.0
    Image attribution tooltip

    Judge halts CFPB firings

    In the same order, the bureau was told not to delete any agency data or transfer its reserve funding to the Fed or anywhere else. The CFPB then reportedly placed most employees on administrative leave.

    By Dan Ennis • Feb. 18, 2025
  • A group of diverse professionals are brainstorming ideas while standing around a glass wall with sticky notes.
    Image attribution tooltip
    LaylaBird via Getty Images
    Image attribution tooltip
    Deep Dive

    DEI attacks are likely to refine and improve programs, experts say

    The intense pressure to end diversity initiatives has led companies to scrutinize their policies. Many of the attacks will end up strengthening DEI programs.

    By Daphne Howland • Feb. 18, 2025
  • whistleblower program, Peirce, Uyeda, confidentiality
    Image attribution tooltip
    hapabapa via Getty Images
    Image attribution tooltip

    The SEC has requested to delay climate rule arguments. What’s next?

    Sustainable investing experts are not surprised by the delay and say it is expected to have minimal immediate impact.

    By Lamar Johnson • Feb. 13, 2025
  • FCC Brendan Carr
    Image attribution tooltip
    Kevin Dietsch via Getty Images
    Image attribution tooltip

    Comcast-NBCUniversal faces FCC probe over ‘invidious’ DEI policies

    The agency’s new chairman says he’s concerned the cable TV, network and theme park operator continues to promote diversity, equity and inclusion.

    By Feb. 13, 2025
  • The exterior of the Consumer Financial Protection Bureau building
    Image attribution tooltip
    The image by Ted Eytan is licensed under CC BY-SA 2.0
    Image attribution tooltip

    Ex-FDIC official McKernan tapped to lead CFPB

    The development came on a day when the bureau terminated roughly 70 probationary employees, including enforcement division attorneys, according to Bloomberg Law.

    By Dan Ennis • Feb. 12, 2025
  • U.S. Equal Employment Opportunity Commission exterior
    Image attribution tooltip
    Caroline Colvin/Legal Dive
    Image attribution tooltip

    Conservative groups file EEOC charge over American Bar Association’s diversity clerkship

    The allegations come amid a swift restructuring of the agency under President Donald Trump.

    By Ryan Golden • Feb. 11, 2025
  • Mark Toshiro Uyeda testifies at a Senate hearing.
    Image attribution tooltip
    Tasos Katopodis via Getty Images
    Image attribution tooltip

    Acting SEC Chair asks court not to schedule climate rule arguments

    “The Commission’s briefs previously submitted in the cases consolidated in the Eighth Circuit do not reflect my views,” Acting Chair Mark Uyeda said.

    By Lamar Johnson • Feb. 11, 2025
  • Russ Vought OMB Trump spending
    Image attribution tooltip
    Andrew Harnik via Getty Images
    Image attribution tooltip

    CFPB’s enforcement, supervision chiefs step down

    The moves come after the bureau’s new leaders issued stop-work orders – and threatened personnel action in cases of “insubordination.”

    By Dan Ennis • Feb. 11, 2025
  • Russ Vought OMB Trump spending
    Image attribution tooltip
    Andrew Harnik via Getty Images
    Image attribution tooltip

    CFPB’s future hangs in the balance after a wild weekend

    Headquarters-based staff will work remotely this week after a new acting chief halted agency supervision and enforcement and told the Fed he wouldn't take any unappropriated funding next quarter.

    By Dan Ennis • Feb. 10, 2025
  • Embroker, Hurms, AI liability
    Image attribution tooltip
    Designer491 via Getty Images
    Image attribution tooltip
    Opinion

    Shielding your organization from AI-related liability

    There are some basic building blocks to ensure your insurance strategy is adequate. 

    By Corrie Hurm • Feb. 7, 2025
  • A shadow of the lady justice projected onto a white wall.
    Image attribution tooltip
    iStock via Getty Images
    Image attribution tooltip

    Legal Dive to stop publishing

    On Feb. 22, 2025, Legal Dive will stop publishing. We hope our daily coverage of the legal space was helpful to you.

    By Davide Savenije • Feb. 6, 2025
  • DOJ Sues To Block Penguin Random House's Acquisition Of Rival Simon And Schuster
    Image attribution tooltip
    Justin Sullivan / Staff via Getty Images
    Image attribution tooltip

    Publishing giants sue Idaho over state law enabling book bans

    The plaintiffs allege HB 710 is unconstitutional and forces schools and public libraries to guess if any member of the public might object to any book.

    By Roger Riddell • Feb. 6, 2025
  • RealPage, DOJ, antitrust
    Image attribution tooltip
    Feverpitched via Getty Images
    Image attribution tooltip
    Opinion

    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. 

    By Andrew Ketterer • Feb. 4, 2025
  • CEO leads a discussion among executives at the company
    Image attribution tooltip
    Caiaimage/Caiaimage/Robert Daly via Getty Images
    Image attribution tooltip

    Vanguard dilutes diversity guidelines for US board proxy voting

    The updated policies exclude a recommendation that boards “at a minimum, represent diversity of personal characteristics, inclusive of at least diversity in gender, race and ethnicity.”

    By Lamar Johnson • Feb. 4, 2025
  • Distorted Form I-9 paperwork
    Image attribution tooltip

    Photo Illustration: Shaun Lucas/Getty Images/DHS

    Image attribution tooltip
    Deep Dive

    It’s not just workplace raids. Mishandled electronic I-9s could be a costly immigration threat for employers under Trump.

    A group of legal experts is sounding the alarm that noncompliant electronic Form I-9 vendors could put unsuspecting employers at risk.

    By Ryan Golden • Feb. 3, 2025
  • Trump tariffs
    Image attribution tooltip
    Michael M. Santiago via Getty Images
    Image attribution tooltip

    Trump tariffs present untested legal areas for trade litigation

    The president’s first use of emergency national security powers to impose tariffs poses a legal question about how much deference courts decide to show, experts say.

    By Feb. 3, 2025
  • AI washing, Wiley Law
    Image attribution tooltip
    supatman via Getty Images
    Image attribution tooltip
    Opinion

    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.   

    By Duane Pozza and Nick Peterson • Jan. 31, 2025
  • DEI, Fisher Phillips, Latham & Watkins
    Image attribution tooltip
    James Sullivan via Getty Images
    Image attribution tooltip

    Meta’s HR changes reflect widely touted aspirational approach to DEI

    Eliminating hard inclusivity goals won’t protect against reverse discrimination complaints but it will help, legal specialists say.

    By Jan. 30, 2025
  • Paul Atkins seen testifying at a hearing.
    Image attribution tooltip
    Brendan Hoffman via Getty Images
    Image attribution tooltip
    Deep Dive

    Trump’s softer-touch SEC may ease CFO regulatory burden

    By slimming the SEC’s budget, headcount and regulatory scope, a new agency chief would fall in step with Trump’s cost-cutting and efficiency campaign.

    By Jim Tyson • Jan. 30, 2025
  • Spirit Airlines Frontier Airlines mergers
    Image attribution tooltip
    Joe Raedle via Getty Images
    Image attribution tooltip

    Spirit Airlines rejects fresh Frontier merger offer amid bankruptcy

    The two budget carriers had been discussing a combination for months, with Spirit rejecting a post-Chapter 11 proposal as “woefully insufficient” for creditors.

    By Jan. 29, 2025
  • Russ Vought OMB Trump spending
    Image attribution tooltip
    Andrew Harnik via Getty Images
    Image attribution tooltip

    Federal aid freeze may become first Trump case before Supreme Court

    The order to pause nearly all U.S. financial assistance for executive branch review poses a constitutional test of the president’s impoundment powers.

    By Jan. 28, 2025