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Potential Antitrust Risks When Using AI-Driven Software Pricing Tools
Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but can also lead to serious antitrust risks.
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Rising Bankruptcy Filings Make Today’s Headlines, But Keep An Eye on Historic Policies
Nearly 50 years has passed since the last major change in bankruptcy law. The financial landscape now where debtors go through bankruptcy is very different. Is the Bankruptcy Code still achieving its fundamental goals, and are there ways to improve it?
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The Qualities that Distinguish Good from Great Service In 2025
Legal teams incorporating partnership, service and transparency more comprehensively into their representation will stand out and create a competitive advantage in 2025, particularly given the heightened preferences for automation and self-service options.
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Law Firms Hurl Ethics Accusations At Each Other In Tubi Subscribers Litigation
Keller Postman’ alleges that Jenner & Block hired a former FBI special agent to interview class members who had opted out of a $19.99 million settlement with Tubi to arbitrate their claims. The fight began earlier this year as Tubi was negotiating a class action settlement in a 2023 case brought in the U.S. District Court for the Northern District of Illinois, alleging the streaming service sold subscriber data to third parties without the consent of its users in violation of the Video Privacy Protection Act (VPPA).
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The Future of Data Protection Enforcement: It’s Hammer Time!
The landscape of data protection and privacy continues to expand, and with that expansion comes increased scrutiny and the promise of increased enforcement. 2025 will mark a convergence of the proliferation of artificial intelligence, a growing understanding of and desire to exercise consumer rights and protections and new legislation, meaning increased regulatory enforcement is inevitable. This article explores the impending new legislative landscape, what increased enforcement may look like and how companies can prepare for optimal compliance.
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Does Your Corporate Compliance Program Reasonably Prevent Fraud? New UK Guidance Demands It
This article first discusses the legal backdrop of the UK’s new strict liability law and then summarizes what companies need to know about the new UK guidance, with particular emphasis on the areas where it expands on the ECCP.
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Three Things Trustees Should Know About Affirmative Defenses in Preference Litigation
Since 2019, courts have struggled with the interpretation of due diligence requirement to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff’s complaint. While the law is still developing, there are three important takeaways for trustees to consider.
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FL Appeals Court Overturns $82.6 Million Award for Rapper Flo Rida In Endorsement Deal Litigation
It’s back to court for rapper Tramar Dillard, who goes by the stage name Flo Rida, after the Florida Court of Appeals, Fourth District, ruled that a Broward trial court judge erred in his jury instructions when awarding $82.6 million in a breach of contract lawsuit against the makers of Celsius energy drinks in January 2023.
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Avoiding Legal Risks: Crafting a Strong Do Not Call Policy
A strong Do Not Call Policy is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
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Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance
Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
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