To help with your writing efforts, here’s what people are looking for in Business Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
A combined $800 million fine levied by the European Union against Apple and Meta this week; what to know about the Digital Markets Act, the law under which the EU took its action against the two tech giants; alleged DMA violations that led to the hefty fine; how other companies can avoid risks under the Digital Markets Act and stay out of the EU’s antitrust crosshairs.
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The Federal Trade Commission’s “click-to-cancel” rule; its origins and focus; what the status is of this rule under the second Trump administration; legal challenges to the rule, and whether it may be killed off (if it hasn’t already been); liability risks that businesses may face over their subscription practices even if the FTC’s rule goes away.
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An April 14 jury verdict in a wage-fixing case; significance of the verdict in light of the U.S. Department of Justice’s recent attention to labor market conduct and potential antitrust violations; what else stands out to you about this particular case and the jury verdict; whether the DOJ is targeting the healthcare sector in particular over suspected antitrust-related wrongdoing; practical takeaways for other companies (regardless of industry) as regards their own activities and potential areas of liability.
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Recent or otherwise noteworthy developments involving state-level attempts to regulate artificial intelligence. Among the possible points to explore: types of AI tools, systems, or processes attracting the most scrutiny from state legislatures, state attorneys general, or others; which states are making the most significant headway on passing or formulating AI-related safeguards; whether a particular state’s AI measures are becoming a model for other states’ AI-related actions; any notable or recurring challenges, roadblocks, or pull-backs on attempts to regulate AI development and use; what else businesses (on whatever end of the AI relationship) should know or be watching for from the states on the AI front at this juncture.
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The United Kingdom’s Digital Markets, Competition and Consumers Act 2024; what to know about the DMCCA consumer law provisions that went into effect this month; main focus of these measures; to whom they apply; how the provisions will be enforced and by whom; potential penalties for violations; related compliance matters that businesses which fall within the scope of the DMCCA should be paying attention to right now.
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An Anticompetitive Regulations Task Force announced by the U.S. Department of Justice on March 27; principal goals of, and driving factors behind, the task force; industries that may be the first to feel heat from the task force; next steps for the task force; how this task force fits into the second Trump administration’s actions to date regarding competition and antitrust matters.
Related information:
https://www.justice.gov/opa/pr/justice-department-launches-anticompetitive-regulations-task-force
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The California Privacy Protection Agency’s recently announced settlement with American Honda Motor Co.; what to know about Honda’s alleged violations of the California Consumer Privacy Act; noteworthy settlement terms; what else stands out to you regarding the Agency’s investigation of Honda and the CPPA’s subsequent settlement with the company; related lessons for other companies on data privacy, compliance obligations, and ways to stay out of the crosshairs of CPPA or other privacy watchdogs.
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The “failure to prevent fraud” offense that will go into effect in the United Kingdom on Sept. 1 of this year; to whom the measure applies; key types of fraud at issue; potential penalties or other liability risks that this legislation may give rise to; recommendations on how business entities can best meet related compliance obligations.
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Legal trends and practical pointers regarding businesses’ use of text messages for marketing purposes. Consider examining any recent rulings or enforcement actions for noteworthy takeaways related to the do’s and don’ts of texting in accordance with federal or state laws.
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Anticipated priority areas for state attorneys general in the months and years ahead. What issues are state AGs focusing on or perhaps even leading the charge regarding? How might state AGs’ priorities be shifting with the arrival of the second Trump administration? What noteworthy actions have already taken place in response to Trump 2.0? What other state AG actions should companies (generally speaking, or in the industry, state, or region of your choice) be watching for, and how should they be preparing?
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The Committee on Foreign Investment in the United States; what the new Trump administration’s “America First Investment Policy” will mean for CFIUS’ reviews, and other actions and processes involving that body; what else investors should know about the change in direction being set in motion by the Trump administration.
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A recent $1 million settlement reached between the Federal Trade Commission and a software provider regarding the company’s claims about the performance of an AI-powered tool; what the enforcement action illustrates regarding practices the FTC deems deceptive; related trends involving the FTC’s attention to AI-related innovations.
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A Feb. 10 executive order issued by President Trump and what it portends for the Foreign Corrupt Practices Act; the Trump administration’s stated purpose for a180-day “pause” in the U.S. Department of Justice’s FCPA enforcement; when the “pause” goes into effect; what the “pause” means for pre-existing FCPA investigations and other actions by the DOJ; whether the Securities and Exchange Commission’s own FCPA-related activities will be continuing during that 180-day period; potential risks of suspending FCPA enforcement; how other countries enforce anti-bribery laws, and how a shift in United States enforcement could wind up backfiring for U.S.-based companies; how businesses should be thinking about their compliance programs in light of this executive order.
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Draft guidelines issued by the European Commission on Feb. 4 regarding artificial intelligence; how good a job the guidelines do in clarifying what activities are prohibited according to the terms of the European Union’s AI Act; any noteworthy omissions or shortcomings that may exist in the commission’s draft guidelines; what else companies should know about the AI Act, its effective date, its enforcement, and their obligations and potential risks under the Act.
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The U.S. government’s stance toward Cuba, now that Donald Trump is back in office; actions already taken, or being contemplated, by the new Trump administration; how they compare to actions taken during the Biden years or during the first Trump administration; what else U.S.-based businesses should be considering regarding any current or potential economic activities connected to Cuba.
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Threats posed to businesses by remotely based IT workers affiliated with North Korea; how the remote worker scams are conducted; types of assets targeted by the scammers; red flags that companies should be on the lookout for; how employers can reduce the likelihood of being duped by this type of scam.
Related information:
https://www.usatoday.com/story/news/nation/2025/01/29/north-korea-jobs-indict-money-plot/77958927007
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A January ruling by the General Court of the Court of Justice of the European Union; what the ruling in Bindl v. European Commission signals about grounds for damages and related liability risks involving personal data transfers; best practices for companies regarding data transfers and the General Data Protection Regulation.
Related information:
https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-01/cp250001en.pdf
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How Trump administration actions may be giving rise to potential threats to government contracts; what federal contractors should know about relevant administration actions, whether through executive orders regarding DEI or through Office of Management and Budget memoranda or via Elon Musk’s so-called Department of Government Efficiency, and whether those actions are likely to withstand legal challenges; how contractors can avoid or minimize disruptions to their operations and related liability risks.
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A record-setting civil penalty announced by the Federal Trade Commission this month over alleged “gun-jumping” behavior by crude oil producers; how company actions violated the Hart-Scott-Rodino Act; practical takeaways from the FTC’s findings and the $5.6 million penalty in this case; best practices when facing an investigation or other action by the FTC; how “gun jumping” risks may evolve under the Trump administration.
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Recent action by federal regulators regarding interlocking directorates; what to keep in mind about Section 8 of the Clayton Act and potential liability risks; related enforcement actions under either the Biden administration or the first Trump administration, and how enforcement on that front may play out under a new Trump administration.
Related information:
https://www.ftc.gov/system/files/ftc_gov/pdf/2323044openaimuskvaltmanamicusbrief.pdf
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An opinion issued on Dec. 18 by the European Data Protection Board; what to know about the Board’s authority and to whom this opinion applies; additional guidance for companies involved with artificial intelligence as their activities pertain to the European Union’s General Data Protection Regulation; related enforcement trends.
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Noteworthy developments involving Nippon Steel’s proposed purchase of U.S. Steel; President Biden’s blocking of the nearly $15 billion deal; grounds for the companies’ lawsuit over Biden’s action; what this case illustrates regarding the role of the Committee on Foreign Investment in the United States regarding M&A deals; and perhaps a wider-angle look at any of the following issues: the state of steel manufacturing in the United States and globally; a comparison of approaches taken by the Biden administration and Trump administration on mergers and acquisitions; how national security concerns can impact M&A prospects; how companies can anticipate, and perhaps get ahead of, potential resistance to desired M&A deals.
Related information:
https://www.npr.org/2025/01/06/nx-s1-5249712/u-s-steel-japan-nippon-lawsuit
https://apnews.com/article/nippon-steel-japan-cfius-economy-biden-099564a3cddca587af0d7340e0c15ed6
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A new Federal Communications Commission rule taking effect this month, involving the Telephone Consumer Protection Act; what to know about the one-to-one consent rule, and how it will affect consumers, businesses, and marketing efforts; and perhaps a reminder about best practices under the TCPA or an update regarding enforcement trends and repercussions for non-compliance.
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What the business community should be watching for from the Federal Trade Commission in the months ahead; how the FTC fared under the first Trump administration, and possible lessons to be gleaned from that period; likely shifts in FTC enforcement practices or other priorities or philosophies under a second Trump administration.
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A new law approved by the European Union in November, banning the sale of products made with forced labor; when the new law takes effect; how it defines forced labor; countries, products, and processes to which the new law applies; how the law will be enforced; potential penalties for compliance failures; steps that companies can take to prepare for the EU regulation on forced labor.
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The collapse of the planned merger between grocery chains Albertsons and Kroger; why two judges blocked the merger; what to make of the lawsuit that Albertsons has filed against Kroger in the wake of the merger deal’s collapse; how unusual is such a lawsuit in the M&A context, what are the pros and cons of filing, and what should a company consider before taking such an action; additional practical takeaways regarding the failed merger deal, pitfalls to avoid, and what to know about how the M&A environment could shift under a second Trump administration.
Related information:
https://apnews.com/article/kroger-albertsons-79e366723d7287b2df71d96730fba76e
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Recent enforcement actions by the Federal Trade Commission regarding companies’ collection and sale of consumers’ sensitive location data; what stands out to you about these enforcement actions; related FTC trends involving data collection; how companies can stay on the FTC’s good side regarding data practices; whether regulatory and enforcement risks on this front are likely to lessen under the Trump administration.
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Updated guidance published on Nov. 12 by the U.S. Department of Justice’s Antitrust Division regarding corporate compliance programs; main goals of the guidance; what compliance officers and others should take from the guidance as it pertains to emerging or heightened risk areas and their own compliance efforts.
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The prospects for congressional investigations in a post-election landscape. Given the November election results, what should the business community be expecting in terms of likely congressional investigations? What industries or issues are likely to be priorities under the reshaped Congress, and what are the associated risk areas for the business community? How can businesses best anticipate, stay informed on, and prepare for congressional investigations and hearings? Consider whether to present some best practices, or perhaps a list of do’s and don’ts on navigating a congressional investigation.
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The latest developments in the U.S. Department of Justice’s antitrust case against Google; what to know about this week’s DOJ filing and the Department’s rationale for the company losing some key parts of its business, such as the Chrome browser; whether other tech companies could be facing similar demands from antitrust regulators; how the Google antitrust case compares to past high-level antitrust cases involving either the tech sector or other industries.
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