Emerging Issues: Page 2


  • RealPage, Bruce Abramson, algorithmic pricing
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    Designer491 via Getty Images
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    Opinion

    AI pricing is market efficiencies at work

    The Trump administration can serve consumers by rejecting the Biden administration's effort to use antitrust laws to stifle innovation in pricing tools. 

    By Bruce Abramson • Jan. 28, 2025
  • Algorithmic pricing, RealPage, Salomon, Washington state
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    MichaelVi via Getty Images
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    State lawmaker seeks ban in new shot at algorithmic pricing

    Landlords’ use of automated rent-setting software is “plainly illegal,” Sen. Jess Salomon in Washington state says.

    By Jan. 27, 2025
  • Ninth Circuit appeals courts Congress
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    Justin Sullivan via Getty Images
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    Long-sought 9th Circuit split returns to GOP Senate under Trump

    The controversial proposal dates back several decades and would create a 12th Circuit to hear cases for a broad swath of seven Western states.

    By Jan. 24, 2025
  • Trump executive orders, Akin Gump, executive order tracker
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    Anna Moneymaker / Staff via Getty Images
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    Resource helps counsel track Trump executive orders

    And there are a lot of them — more than 40 after just three days of the new administration, Akin Gump’s real-time-updated tracker shows.

    By Jan. 24, 2025
  • misconduct complaints, penn state, gough
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    gesrey via Getty Images
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    New Jersey ban on NDAs for misconduct isn’t having much impact

    It plays little role in decisions to come forward because few people seem to know about it, a report says.

    By Jan. 23, 2025
  • Trump signs an executive order at the Oval Office.
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    Anna Moneymaker via Getty Images
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    Trump orders agencies to target private-sector DEI

    In a Tuesday executive order, President Trump asked members of his administration to develop a strategic enforcement plan to deter “illegal” DEI programs and principles.

    By Emilie Shumway • Jan. 22, 2025
  • AI litigation, hiring bias
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    Vertigo3d via Getty Images
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    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
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    Drew Angerer via Getty Images
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    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
  • law lawyers mental health business
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    Liubomyr Vorona via Getty Images
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    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
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    Worawith Ounpeng via Getty Images
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    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.
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    gorodenkoff via Getty Images
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    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
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    Jae Young Ju via Getty Images
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    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
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    danielfela via Getty Images
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    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
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    Chip Somodevilla via Getty Images
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    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
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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 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
  • 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