Business Trending Topics

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:

Auto-Renewal Programs Getting Renewed Attention 

Consider writing about:

Noteworthy developments involving auto-renewal programs; recent federal or state enforcement, legislative, or litigation actions that companies should know about; how companies should be thinking about, and possibly revising or looking for alternatives to, their automatic renewal programs in light of increased scrutiny of these types of plans.

Related information:

https://www.ftc.gov/system/files/ftc_gov/pdf/p064202_negative_option_rule.pdf

https://www.latimes.com/california/story/2024-09-24/easy-to-cancel-subscriptions-new-state-law

DOJ Updates Its Guidance on Corporate Compliance Programs 

Consider writing about:

The U.S. Department of Justice’s recent update to its guidance for evaluating corporate compliance programs; how this update compares to prior versions of the guidance; most signIficant changes in the latest update; reasons for the changes; practical implications for companies’ compliance efforts and any potential areas of weakness or liability.

Related information:

https://www.justice.gov/criminal/criminal-fraud/page/file/937501/dl

https://www.justice.gov/opa/speech/principal-deputy-assistant-attorney-general-nicole-m-argentieri-delivers-remarks-society

Antitrust Enforcement at a Crossroads? 

Consider writing about:

The evolving antitrust landscape; the Biden administration’s scorecard on antitrust matters; how antitrust enforcement under either a Harris administration or a second Trump presidency is likely to look.

What to Know About International AI Treaty 

Consider writing about:

The first legally binding international AI treaty; focus of the agreement, known as the AI Convention; signatories to the treaty; its effective date; the AI Convention’s significance and likely impact, both in and of itself and compared to other international actions addressing artificial intelligence.

Related information:

https://www.newsweek.com/us-signs-international-ai-treaty-tech-industry-impact-1949951

https://www.reuters.com/technology/artificial-intelligence/us-britain-eu-sign-agreement-ai-standards-ft-reports-2024-09-05

Lessons From SEC Settlement Over Violations of Whistleblower Protection Rule 

Consider writing about:

A recently announced multimillion-dollar settlement reached between the U.S. Securities and Exchange Commission and seven public companies over their employment, separation, and other agreements; what other companies can learn from the charges and settlement in this case; related SEC enforcement trends.

Related information:

https://www.sec.gov/newsroom/press-releases/2024-118

Shining a Light on ‘Dark Patterns’ 

Consider writing about:

So-called “dark patterns;” what this marketing practice consists of; how regulators regard this practice; noteworthy enforcement actions; practical takeaways for businesses.

Implications of DOJ Cybersecurity Complaint Against Georgia Tech 

Consider writing about:

Action taken by the U.S. Department of Justice against the Georgia Institute of Technology over the school’s alleged cybersecurity deficiencies; nature of the DOJ’s claims against Georgia Tech and Georgia Tech Research Corporation; how the alleged cybersecurity failures came to light; significance of the DOJ’s action; what lessons government contractors should take from the DOJ’s complaint in this case; related trends involving the DOJ’s Civil Cyber-Fraud Initiative.

Related information:

https://www.justice.gov/usao-ndga/pr/united-states-files-suit-against-georgia-institute-technology-and-georgia-tech

What Does EU Ruling Mean for Mergers and Acquisitions? 

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A Sept. 3 ruling by the European Union’s Court of Justice involving a biotech M&A deal; key points in the ruling; what the court’s decision could mean for the merger review process in the European Union, related regulatory powers, and the future M&A landscape.

Related information:

https://www.reuters.com/markets/deals/eu-top-court-backs-illumina-fight-against-eu-probe-into-grail-deal-2024-09-03

Uber Faces Hefty Fine in GDPR Case 

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A 290 million euro fine incurred by Uber over its handling of European drivers’ personal data; how Dutch data protection regulators allege that the ride-sharing company violated the European Union’s General Data Protection Regulation; how the fine against Uber compares to other GDPR fines; what companies should know about their obligations and potential liability under the GDPR, and how to interact with EU privacy authorities when facing a fine or other penalties related to the GDPR.

Related information:

https://www.reuters.com/technology/cybersecurity/dutch-privacy-watchdog-fines-uber-sending-drivers-data-us-2024-08-26

DOJ Launches Corporate Whistleblower Awards Pilot Program 

Consider writing about:

The U.S. Department of Justice’s recently launched Corporate Whistleblower Awards Pilot Program; main focus of the program; how the program will work; potential implications for enforcement trends, individual whistleblowers, and corporate compliance efforts; best practices for companies as regards their internal reporting policies and systems; FAQs on the pilot program, based on questions and concerns you may already be fielding from clients about the DOJ’s new initiative; additional guidance on how companies can mitigate risk in the face of this DOJ pilot program.

Related information:

https://www.justice.gov/criminal/criminal-division-corporate-whistleblower-awards-pilot-program

OFAC Trends Worth Noting 

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Noteworthy trends or other significant developments involving the Office of Foreign Assets Control; takeaways to be drawn from OFAC guidance, penalties, or other actions; additional analysis regarding Treasury Department enforcement priorities, and related compliance obligations and liability risks.

What’s Happening With the California Age-Appropriate Design Code Act? 

Consider writing about:

The California Age-Appropriate Design Code Act; its purpose, history, status, and significance; how the CAADCA compares to other measures aimed at protecting children from online risks; noteworthy rulings regarding the California Age-Appropriate Design Code Act; and perhaps a look at wider trends (whether regionally, nationally, or internationally) involving implemented or proposed measures aimed at protecting children’s online privacy.

Related information:

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/16/23-2969.pdf

https://www.theverge.com/2024/8/16/24221907/california-age-appropriate-design-code-appeals-court-preliminary-injunction-netchoice

Implications of Google Monopoly Ruling 

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A judge’s recent ruling that Google is a monopolist; key factors that informed the court’s decision; anticipated next steps in the U.S. Department of Justice’s case against Google; potential political repercussions for the Biden-Harris administration and the Harris candidacy vis a vis relationships with the tech community; and perhaps a wider-angle look at antitrust enforcement trends involving the industry, and how the Google ruling fits into that landscape.

Related information:

https://apnews.com/article/google-antitrust-search-engine-verdict-apple-319a61f20fb11510097845a30abaefd8

Takeaways From Meta’s $1.4B Biometric Privacy Settlement With State of Texas 

Consider writing about:

A $1.4 billion settlement that Texas’ attorney general has secured with Meta over the company’s collection of individuals’ biometric data; what this settlement illustrates regarding the potential impact of the state’s “Capture or Use of Biometric Identifier” Act; whether lawsuits are pending against other companies over their alleged violations of the Texas biometric privacy law; what else to know about Texas’ law or other states’ current or proposed biometric privacy laws in terms of applicable compliance requirements and potential liability risks.

Related information:

https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-secures-14-billion-settlement-meta-over-its-unauthorized-capture

https://apnews.com/article/texas-attorney-general-meta-settlement-3ed4d9c3c3abc4494a3731eac8643e4e

DOJ Reaches Proposed $3.5M Settlement Over ‘Gun Jumping’ in Merger Deal 

Consider writing about:

A proposed $3.5 million settlement between the U.S. Department of Justice and events company Legends Hospitality over the company’s activities prior to its acquisition of ASM Global; compliance repercussions for Legends in addition to the financial penalty; what constitutes “gun jumping” under the Hart-Scott-Rodino Act; how other companies can avoid finding themselves the subject of “gun jumping” allegations.

Related information:

https://www.justice.gov/opa/pr/justice-department-secures-settlement-lawsuit-alleging-illegal-premerger-coordination

What’s Next for SEC, SolarWinds in Wake of Judge’s Ruling? 

Consider writing about:

A New York federal judge’s dismissal of most of the Securities and Exchange Commission’s fraud charges against software company SolarWinds; key points in the judge’s ruling; what the ruling means for SolarWinds and, more broadly speaking, for the SEC’s powers and enforcement agenda, as well as for companies’ cybersecurity-related risks and obligations; what to know about any charges still remaining against SolarWinds or individuals with the company.

Related information:

https://www.axios.com/2024/07/18/sec-solarwinds-cyberattack-case-dismissal

Risks and Lessons From CrowdStrike Outage 

Consider writing about:

The massive CrowdStrike cyber outage. Take your pick from among a range of possible areas to explore. Among the contenders: key liability risks for CrowdStrike in the wake of the incident; potential implications for the tech sector as a whole; damage assessment and recovery best practices for businesses affected by the outage; how those businesses can minimize their own legal risks related to the outage; lessons regarding third-party risks (and vendor risks in particular); contractual issues that companies affected by this outage (or companies that might now be weighing their own future potential risks vis a vis their systems and their vendors) should be reviewing; potential insurance coverage through cyber policies (what is or is not covered).

What to Know About the EU AI Act 

Consider writing about:

The EU AI Act; its purpose and effective date; businesses, processes, or activities that stand to be most affected by the Act; what it means for companies that are not based in the European Union; how the EU AI Act compares to other jurisdictions’ attempts to regulate artificial intelligence; key compliance requirements and other obligations under the EU AI Act.

Practical Takeaways From AT&T Data Breach 

Consider writing about:

A cyberattack involving AT&T’s wireless customers; how the repercussions of the data breach may extend to individuals or organizations far beyond AT&T’s customer base; related litigation; possible grounds for claiming or proving harm; response by regulators and legislators to the data breach; additional implications involving the cloud provider in this case; practical takeaways for other companies regarding data retention and security, third-party risks, interacting with cyberattackers, and responding to political and regulatory pressures following a cyberattack.

Related information:

https://www.pcmag.com/news/atts-major-data-breach-sparks-another-class-action-lawsuit

https://www.reuters.com/technology/cybersecurity/senators-seek-answers-att-massive-hacking-us-customer-call-data-2024-07-16

https://www.nytimes.com/wirecutter/reviews/how-to-protect-yourself-att-breach

Boeing Reaches Plea Deal Over Two Jetliner Crashes 

Consider writing about:

Boeing’s plea deal involving two 737 Max jetliners that killed more than 300 people; terms of the plea deal and related fine; what to know about the 2021 settlement that the U.S. Department of Justice says Boeing violated; how independent monitors operate; compliance lessons that other companies may be able to draw from Boeing’s situation.

Related information:

https://www.justice.gov/criminal/criminal-fraud/case/united-states-v-boeing-company

https://apnews.com/article/boeing-guilty-plea-crashes-245a38dc6d3082f4ddff1f6f74f274f2

Implications of Biden Administration’s Ban on Kaspersky Software Sales 

Consider writing about:

The Biden administration’s recent announcement that it plans to ban the sale in the United States of anti-virus software made by Russia-based Kaspersky Lab; reason for the ban; what the ban means for companies that use Kaspersky’s software or that have other business ties to Kaspersky; potential liability risks for affiliated companies.

Related information:

https://www.axios.com/2024/06/20/kaspersky-lab-cybersecurity-ban

https://www.reuters.com/technology/biden-ban-us-sales-kaspersky-software-over-ties-russia-source-says-2024-06-20

https://apnews.com/article/cybercrime-kaspersky-ban-russia-6171421f4efe18f0c45528fbcb581ce9

Apple Feels Bite of Digital Markets Act 

Consider writing about:

Charges against Apple under the European Union’s Digital Markets Act; business practices that have led to this action by antitrust regulators; what EU regulators’ action may illustrate regarding other companies’ compliance obligations and liability risks; what else to know about the Digital Markets Act.

Related information:

https://www.reuters.com/technology/apples-app-store-rules-breach-eu-tech-rules-eu-regulators-say-2024-06-24

Is COPPA Coming for TikTok and Its Parent Company? 

Consider writing about:

Scrutiny of TikTok and parent company ByteDance over suspected or potential violations of the Children’s Online Privacy Protection Act (COPPA); significance of the Federal Trade Commission’s referral of a complaint against the two companies to the U.S. Department of Justice; subsequent actions to watch for; related trends involving COPPA, and practical guidance foe ensuring compliance.

Related information:

https://apnews.com/article/tiktok-bytedance-ftc-justice-investigation-children-6044e57cc7adf9e57319e351c671483c

https://www.ftc.gov/system/files/ftc_gov/pdf/bytedance-musical-commission-statement.pdf

Self-Disclosure Lessons From DOJ Decision 

Consider writing about:

The outcome of an investigation into employee activities at a biochemical company; how the company’s internal investigation, self-disclosure, and cooperation with the U.S. Department of Justice resulted in the DOJ’s declination to prosecute the company; what other companies can learn from this chain of events.

Related information:

https://www.justice.gov/opa/pr/ringleader-and-company-insider-plead-guilty-defrauding-biochemical-company-and-diverting

Fla. Jury Produces $38M Verdict Against Chiquita Over Paramilitary Ties 

Consider writing about:

A $38.3 million verdict by a Florida jury in a case involving Chiquita’s financing of a Colombian paramilitary group known for committing kidnappings and assassinations; company actions at the heart of this case; significance of the Florida verdict, for Chiquita itself, for still-unresolved litigation against Chiquita, and for other U.S. corporations at risk of being linked to alleged human rights abuses in foreign countries.

Related information:

https://www.usatoday.com/story/news/nation/2024/06/12/chiquita-colombia-paramilitary-deaths-lawsuit/74064882007

https://www.bbc.com/news/articles/c6pprpd3x96o

GDPR Developments and Trends 

Consider writing about:

Issues involving the European Union’s General Data Protection Regulation. As the GDPR hits its six-year mark, what are some significant trends or noteworthy recent developments involving enforcement actions, guidance, fines, litigation, or other points? What are the key risk areas, compliance challenges, or emerging concerns that companies need to be paying attention to as they pertain to the GDPR, and how can companies improve their performance along those lines?

Restaurant Serves Up Controversy With Its Age Restrictions on Patrons 

Consider writing about:

A Missouri restaurant that’s been generating headlines with its decision to restrict its dining population to women who are at least 30 years old and men who are at least 35 years old. How unusual is this type of business decision, and what’s the legality of it? What restrictions can a restaurant or other business place on its would-be customers? What should a business consider before taking an action such as this?

Related information:

https://www.usatoday.com/story/news/nation/2024/06/11/restaurant-bans-people-under-30/74060925007

DOJ, State AGs Go After Live Nation 

Consider writing about:

A lawsuit against Live Nation Entertainment and subsidiary Ticketmaster for alleged violations of the Sherman Antitrust Act; basis for the lawsuit by the U.S. Department of Justice and more than two dozen states; related trends within the music and live entertainment industries; prospects for Live Nation being compelled to sell Ticketmaster; what to know about the request for a a jury trial in this case.

Related information:

https://www.justice.gov/opa/pr/justice-department-sues-live-nation-ticketmaster-monopolizing-markets-across-live-concert

https://finance.yahoo.com/news/doj-widens-antitrust-crackdown-as-it-seeks-a-breakup-of-live-nation-150248909.html

https://www.politico.com/news/2024/05/23/doj-and-states-sue-live-nation-could-seek-breakup-of-company-00159643

Succession Planning Do’s and Dont’s [Ongoing] 

Consider writing about:

Succession planning and its potential legal and business ramifications. Consider whether to focus on best practices, common pitfalls, a detailed list of top items to consider, or a hypothetical or real-life cautionary tale.

EU Antitrust Regulators Slap Hefty Fine on Mondelez 

Consider writing about:

A fine of 337.5 million euros imposed by European Union antitrust regulators against snack food company Mondelez International on May 23; company activities and EU antitrust laws at issue in this case; what the Mondelez investigation and resulting fine may illustrate regarding antitrust enforcement trends that other companies doing business in the European Union should heed.

Related information:

https://ec.europa.eu/commission/presscorner/detail/en/speech_24_2784

https://www.reuters.com/business/retail-consumer/mondelez-fined-3657-mln-euros-by-eu-cross-border-trade-curbs-2024-05-23