Emerging Issues


  • Trump second term supreme court judge pick
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    Alex Wong / Staff via Getty Images
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    Who’s on Trump’s short list for next SCOTUS justice?

    James Ho of the highly conservative Fifth Circuit Court of Appeals in Texas 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
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    PhonlameiPhoto via Getty Images
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    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
  • in-house counsel Explore the Trendline
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    FlamingoImages via Getty Images
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    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
  • FanDuel, DraftKings, FTC, DOJ, antitrust, collusion, balto
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    Scott Olson via Getty Images
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    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
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    Brandon Bell via Getty Images
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    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.
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    Neal McNeil via Getty Images
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    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
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    Justin Sullivan via Getty Images
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    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.
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    LD via Getty Images
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    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
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    David Ramos via Getty Images
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    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
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    Natalya Burova via Getty Images
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    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
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    Yin Yang via Getty Images
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    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
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    Matt Winkelmeyer / Staff via Getty Images
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    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
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    Bevan Goldswain via Getty Images
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    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
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    Kevin Dietsch via Getty Images
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    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
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    mathisworks via Getty Images
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    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
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    Kevin Dietsch / Staff via Getty Images
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    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
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    Cristian Storto Fotografia via Getty Images
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    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
  • Moelis decision, shareholder agreements
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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 Nov. 20, 2024
  • Algorithmic pricing, Koch, realpage, cendyn
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    Igor Kutyaev via Getty Images
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    Opinion

    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. 

    By Jonathan Koch • Nov. 19, 2024
  • Then-U.S. Rep. Matt Gaetz (R-Fla.) speaks at a Donald Trump presidential campaign rally.
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    Mario Tama via Getty Images
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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
  • FTC, AMG, Section 13(b), Section 19 FTC Act
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    hapabapa via Getty Images
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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 Nov. 18, 2024
  • A glass building with a sign reading "Fannie Mae."
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    Courtesy of Fannie Mae
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    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
  • Justice Department Matt Gaetz Congress attorney general
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    Drew Angerer via Getty Images
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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 Nov. 14, 2024
  • A truck passes by the BP refinery
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    Scott Olson via Getty Images
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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
  • state corporate law, Stephen Bainbridge
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    Apu Gomes via Getty Images
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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 Nov. 13, 2024
  • PagerDuty
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    Andrey Popov via Getty Images
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    Q&A

    How 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 Nov. 12, 2024