Emerging Issues
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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 -
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 Justin Bachman • Dec. 20, 2024 -
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 -
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 -
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 Justin Bachman • Dec. 18, 2024 -
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 -
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 Justin Bachman • Dec. 16, 2024 -
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 Justin Bachman • Dec. 11, 2024 -
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 Robert Freedman • Dec. 9, 2024 -
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 Justin Bachman • Dec. 9, 2024 -
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 Robert Freedman • Dec. 5, 2024 -
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 Robert Freedman • Dec. 4, 2024 -
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 Justin Bachman • Dec. 3, 2024 -
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 Justin Bachman • Dec. 2, 2024 -
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 Justin Bachman • Nov. 30, 2024 -
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 -
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 Robert Freedman • Nov. 25, 2024 -
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 -
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 -
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 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 -
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 -
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 -
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 -
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 -
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 Justin Bachman • Nov. 12, 2024