Emerging Issues


  • AI litigation, hiring bias
    Image attribution tooltip
    Vertigo3d via Getty Images
    Image attribution tooltip

    Unhappy consumers will drive the next wave of AI lawsuits

    If your company is using AI to make decisions or provide guidance, expect pushback when people don’t like how that impacts them, an AI legal specialist says.

    By Jan. 15, 2025
  • antitrust FTC DOJ Trump
    Image attribution tooltip
    Drew Angerer via Getty Images
    Image attribution tooltip
    Q&A

    Trump’s antitrust approach will share traits with Biden, litigator predicts

    Corporate America expects big change at the DOJ and FTC, but Trump populism will mean continuity on many issues, an antitrust specialist contends.

    By Jan. 14, 2025
  • in-house counsel Explore the Trendlineâž”
    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
  • law lawyers mental health business
    Image attribution tooltip
    Liubomyr Vorona via Getty Images
    Image attribution tooltip

    Do lawyers have a duty to report a struggling colleague?

    Across the profession, lawyers struggle with mental health issues, substance abuse and cognitive decline, but there are resources to help.

    By Jan. 10, 2025
  • ESG legal risk
    Image attribution tooltip
    Worawith Ounpeng via Getty Images
    Image attribution tooltip

    ESG tops in-house counsel litigation concerns

    Organizations bringing lawsuits are finding more ways to tie company actions to impacts, a report finds.

    By Jan. 10, 2025
  • Team of hackers dressed in black work on computers in dark room.
    Image attribution tooltip
    gorodenkoff via Getty Images
    Image attribution tooltip

    Cyberattacks, tech disruption ranked as top threats to business growth

    Forty percent of executives view data breaches and leaks as the most financially burdensome man-made threats, a Chubb study found.

    By Alexei Alexis • Jan. 8, 2025
  • 2025 outlook, legal trends, AI, regulations, GIPA
    Image attribution tooltip
    Jae Young Ju via Getty Images
    Image attribution tooltip
    Deep Dive

    6 in-house legal trends to watch in 2025

    AI adoption and ROI, interstate litigation and increased settlements in M&A approvals are among the topics in-house counsel can expect to feature prominently in 2025.

    By , Jan. 8, 2025
  • ICE, worksite raids, I-9 forms, TRAC, Troutman Pepper
    Image attribution tooltip
    danielfela via Getty Images
    Image attribution tooltip

    Criminal prosecution possible for employing illegal workers but enforcement is lax

    A one-year snapshot taken during the first Trump term shows no company criminally prosecuted for having workers not authorized to be in the country, a Syracuse University project shows.

    By Jan. 6, 2025
  • net neutraility FCC regulation
    Image attribution tooltip
    Chip Somodevilla via Getty Images
    Image attribution tooltip

    FCC net neutrality rule among first to fall in Loper Bright’s aftermath

    No longer bound by deference to regulators, a Sixth Circuit panel ruled that the Biden administration cannot enforce stricter regulation policy on internet service providers.

    By Jan. 3, 2025
  • Did Costco just reset the narrative around DEI?

    In contrast to a slew of companies, the warehouse retailer has forcefully rejected an anti-DEI shareholder proposal as bad for business.

    By Daphne Howland • Jan. 3, 2025
  • Trump second term supreme court judge pick
    Image attribution tooltip
    Alex Wong / Staff via Getty Images
    Image attribution tooltip

    Who’s on Trump’s short list for next SCOTUS justice?

    James Ho of the highly conservative Fifth Circuit Court of Appeals is one judge who’s on the top of the list for Trump 2.0. Judge Amul Thapar of the Sixth Circuit also comes up a lot. 

    By David Weisenfeld • Dec. 20, 2024
  • AI legal tech
    Image attribution tooltip
    PhonlameiPhoto via Getty Images
    Image attribution tooltip

    Generative AI is great for legal work — but make sure it’s monitored, judges say

    Magistrates say lawyers must understand how their AI tools work, supervise their teams, check results carefully and not fear experimenting with ways to use them.

    By Dec. 20, 2024
  • FanDuel, DraftKings, FTC, DOJ, antitrust, collusion, balto
    Image attribution tooltip
    Scott Olson via Getty Images
    Image attribution tooltip
    Opinion

    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. 

    By David Balto • Dec. 19, 2024
  • Trump immigration labor employers
    Image attribution tooltip
    Brandon Bell via Getty Images
    Image attribution tooltip

    Preparing your labor force for Trump 2.0? Start with employee audits.

    Employers can expect heavy scrutiny of workers’ immigration status, worksite inspections and likely changes to U.S. visa programs.

    By Dec. 18, 2024
  • The exterior of the FTC headquarters.
    Image attribution tooltip
    Neal McNeil via Getty Images
    Image attribution tooltip

    FTC cracks down on junk fees

    The bipartisan Junk Fees Rule takes aim at “bait-and-switch pricing” for lodging, as well as live-ticket events.

    By Noelle Mateer • Dec. 17, 2024
  • OpenAI
    Image attribution tooltip
    Justin Sullivan via Getty Images
    Image attribution tooltip

    Former OpenAI training employee dead in apparent suicide

    The ChatGPT researcher had publicly expressed concerns about fair use for AI model training and might have played a witness role in copyright lawsuit.

    By Dec. 16, 2024
  • Sign on doorway for the Federal Trade Commission in Washington, D.C.
    Image attribution tooltip
    LD via Getty Images
    Image attribution tooltip

    FTC plots new course on antitrust, Big Tech under Trump nominees

    Current commissioner Andrew Ferguson will become chair under Trump and Mark Meador, a former Senate counsel, will join the commission.

    By Dec. 11, 2024
  • Microsoft, antitrust, Alaily, FTC. Google
    Image attribution tooltip
    David Ramos via Getty Images
    Image attribution tooltip

    Deputy GC is becoming a key Microsoft communicator

    Rima Alaily is using public communications to position the world’s third-largest company as a champion of transparency.

    By Dec. 9, 2024
  • legal technology AI GenAI
    Image attribution tooltip
    Natalya Burova via Getty Images
    Image attribution tooltip

    How to adopt GenAI within your legal department or law practice

    Capital spending and ROI will be top of mind for legal executives moving forward with AI legal tools in 2025. Here are some best practices.

    By Dec. 9, 2024
  • DOJ antitrust, Trump nominee
    Image attribution tooltip
    Yin Yang via Getty Images
    Image attribution tooltip

    Big tech likely to stay in crosshairs under Trump’s DOJ antitrust pick

    Gail Slater, who would take over from Jonathan Kanter as the agency’s competition enforcer, is “not known as a friend of big tech” and her choice isn’t “good for Google,” CNBC analyst Jim Cramer says.

    By Dec. 5, 2024
  • brian armstrong, crypto lawsuits, SEC
    Image attribution tooltip
    Matt Winkelmeyer / Staff via Getty Images
    Image attribution tooltip

    Crypto leaders have knives out for attorneys leaving the SEC

    Coinbase and Ripple executives want law firms not to hire lawyers who worked on lawsuits against them.

    By Dec. 4, 2024
  • mergers M&A acquisitions law legal
    Image attribution tooltip
    Bevan Goldswain via Getty Images
    Image attribution tooltip

    What’s driving M&A into 2025? Companies seeking AI capabilities

    The race into generative artificial intelligence is fueling many deals, while contingent considerations are bridging valuation gaps, Cooley’s M&A team says.

    By Dec. 3, 2024
  • FTC Lina Khan
    Image attribution tooltip
    Kevin Dietsch via Getty Images
    Image attribution tooltip

    FTC rule change splits Republican commissioners after Trump win

    The telemarketing rule expansion is designed to protect seniors from consumer tech sales scams. One commissioner says the “lame duck” FTC should stand down.

    By Dec. 2, 2024
  • legal tech gen AI generative AI
    Image attribution tooltip
    mathisworks via Getty Images
    Image attribution tooltip
    Q&A

    Why smart firms are rethinking the billable hour using new AI tools

    As more legal work is automated, forward-thinking law firms will focus on self-service and new billing methods, the chief revenue officer of Definely predicts.

    By Nov. 30, 2024
  • Stephen Miller, America First, reverse discrimination, second Trump term
    Image attribution tooltip
    Kevin Dietsch / Staff via Getty Images
    Image attribution tooltip

    Reverse discrimination claims might rise under Trump

    Companies should take a look at their DEI initiatives to avert allegations of reverse discrimination, an attorney says.

    By David Weisenfeld • Nov. 26, 2024
  • H1B, immigration, high-skilled workers
    Image attribution tooltip
    Cristian Storto Fotografia via Getty Images
    Image attribution tooltip

    Keeping your skilled workers in the face of stepped-up immigration enforcement

    Expect to face higher costs and more compliance complexity but if your employees’ visas are in order, your company should be fine, a specialist says.

    By Nov. 25, 2024