Emerging Issues
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In business-friendly Delaware decision, company wins OK to move to business-friendly Nevada
The Trade Desk needed only a simple majority vote to reincorporate in Nevada after a Chancery Court ruling found a supermajority vote wasn’t needed.
By Robert Freedman • Nov. 20, 2024 -
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OpinionGibson 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.
By Jonathan Koch • Nov. 19, 2024 -
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TrendlineTop 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 -
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Trump’s DOJ pick has backed tough antitrust actions against big tech
Even if the controversial nominee is confirmed, it’s not yet clear if his “surprising” antitrust positions will be adopted in the Trump administration, analysts said.
By Alexei Alexis • Nov. 19, 2024 -
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FTC sees big drop in consumer relief per dollar spent on enforcement
The agency blames the Supreme Court’s 2020 AMG decision, which said courts had been improperly allowing the FTC to obtain money as part of an injunction against company practices.
By Robert Freedman • Nov. 18, 2024 -
Courtesy of Fannie Mae
Fannie Mae investigates potential multifamily mortgage fraud
The government-sponsored enterprise admitted in its Q3 report that it had experienced financial losses due to loan misrepresentation.
By Mary Salmonsen • Nov. 14, 2024 -
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Trump’s contentious AG choice presents Senate majority a test
The selection of ex-congressman Matt Gaetz serves as an early loyalty exam for Senate Republicans, and may point to several Trump recess appointments.
By Justin Bachman • Nov. 14, 2024 -
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Only 16% of global companies on track for 2050 net-zero goals: Accenture
“The fact that so few of the G2000 companies are on track to reach net-zero emissions is alarming,” the director of shareholder advocacy at Trillium Asset Management told ESG Dive.
By Lamar Johnson • Nov. 14, 2024 -
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Don’t let Musk ‘hissy fit’ ruin states’ corporate law role, legal expert says
Trump’s incoming "efficiency czar” has talked about handing corporation law to the federal government. That’s a bad idea, Stephen Bainbridge of UCLA says.
By Robert Freedman • Nov. 13, 2024 -
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Q&AHow a tech GC views AI-enabled efficiencies and regulation
PagerDuty’s top in-house counsel sees legal AI tools as a way to scale resources without adding headcount while focusing lawyers on their high-value work.
By Justin Bachman • Nov. 12, 2024 -
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Utah Supreme Court proposes apprenticeship path for law graduates
The trend is in keeping with a larger workforce-wide push toward skills-based hiring.
By Ginger Christ • Nov. 12, 2024 -
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GAAP is letting companies get away with anticompetitive mergers, researchers say
Intangible assets aren’t being captured in the merger review thresholds that federal antitrust agencies rely on, a paper shows.
By Robert Freedman • Nov. 12, 2024 -
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ColumnUnlike Khan, next FTC chair will likely have private sector experience
All of the candidates under consideration have practiced in law firms or have had in-house roles, suggesting they’ll bring context that critics say is lacking in the current chief.
By Robert Freedman • Nov. 11, 2024 -
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Trump agenda has states, advocacy groups girding for legal battles
California, New York and Illinois are among states readying to sue the Trump administration over divisive social issues.
By Justin Bachman • Nov. 8, 2024 -
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Merger guidelines will likely go away under Trump
Expect continued robust enforcement of competition laws but based on legal precedent rather than the sweeping approach taken under Biden, specialists say.
By Robert Freedman • Nov. 7, 2024 -
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Harness your data better to drive legal strategy, AI expert says
Generative AI is a key component of unlocking data to benefit in-house legal departments and their outside firms, a legal tech executive says.
By Justin Bachman • Nov. 7, 2024 -
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OpinionAlphabet 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.
By David Moschella • Nov. 6, 2024 -
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Geopolitical risk is spurring greater corporate spending: survey
Among six major global trade nations, corporate legal executives see the U.S. and Mexico as the highest risk for imposing trade tariffs, a survey finds.
By Justin Bachman • Nov. 4, 2024 -
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What to do when a major project lands on the legal team
From M&A to a public offering, there are times when a legal department must become all-hands-on-deck to get the job done. Sometimes external help is needed.
By Justin Bachman • Oct. 31, 2024 -
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Your D&O coverage is probably inadequate, a broker says
If it is, you’ll want to know that before facing a shareholder lawsuit, Jason Bishara of NSI Insurance Group says.
By Robert Freedman • Oct. 31, 2024 -
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Court advisory committee OKs look at third-party funding disclosure
The decision by the federal judiciary’s rules committee to create a litigation finance subcommittee comes after 125 big companies argued transparency is needed.
By Robert Freedman • Oct. 30, 2024 -
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Judge erred in dismissing hotel algorithmic pricing case, DOJ says
It’s enough that Caesars and other Las Vegas hotels used the same software for them to be conspiring to restrain trade, the agency says in a brief.
By Robert Freedman • Oct. 29, 2024 -
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Where organizations invest after a data breach
Asking customers to foot the bill for data breach remediation will not prevent future data breaches or address the issues that cause costs to increase.
By Sue Poremba • Oct. 22, 2024 -
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DOL guidelines for workplace AI center employee needs, job quality
The agency’s principles for responsible AI use in the workplace focus heavily on employee rights and how the technology should improve working conditions.
By Justin Bachman • Oct. 21, 2024 -
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Q&AA legal tech executive explains how AI will fully change the way lawyers work
A senior executive with ContractPodAi discusses how legal AI poses economic benefits for in-house departments and disruption risks for law firm billing models.
By Justin Bachman • Oct. 18, 2024 -
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Supreme Court case could weaken Clean Water Act
The justices have been skeptical of agency power in recent years, and heard arguments in a dispute that threatens to further limit the Environmental Protection Agency.
By David Weisenfeld • Oct. 17, 2024
