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:

What to Know About Blocked Steel Merger 

Consider writing about:

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

New TCPA Rule Takes Effect 

Consider writing about:

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.

Related information:

https://docs.fcc.gov/public/attachments/DOC-408396A1.pdf

What’s Ahead for the FTC Under Trump 2.0? 

Consider writing about:

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.

What to Know About EU’s Ban on Products That Rely on Use of Forced Labor 

Consider writing about:

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.

Related information:

https://www.consilium.europa.eu/en/press/press-releases/2024/11/19/products-made-with-forced-labour-council-adopts-ban

Cleanup on Aisle Six: Grocery Chains’ Merger Deal Collapses 

Consider writing about:

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

Companies’ Handling of Consumer Location Data Lands Them in Trouble With FTC 

Consider writing about:

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.

Related information:

https://www.ftc.gov/news-events/news/press-releases/2024/12/ftc-takes-action-against-mobilewalla-collecting-selling-sensitive-location-data

https://www.ftc.gov/news-events/news/press-releases/2024/12/ftc-takes-action-against-gravy-analytics-venntel-unlawfully-selling-location-data-tracking-consumers

Takeaways From DOJ Antitrust Division’s Updated Guidance 

Consider writing about:

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.

Related information:

https://www.justice.gov/atr/media/1376686/dl?inline=

Congressional Investigations: What May Lie Ahead 

Consider writing about:

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.

Update: What to Know About Developments in Antitrust Case Against Google 

Consider writing about:

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.

Related information:

https://www.npr.org/2024/11/20/g-s1-35111/after-a-court-win-the-justice-department-is-trying-to-make-google-sell-its-chrome-browser

Defense Contractor to Pay More Than $950M in FCPA Case 

Consider writing about:

An agreement by RTX Corp. (formerly known as Raytheon) to pay more than $950 million to resolve fraud and bribery allegations; factors contributing to the large dollar size of the settlement; practical takeaways for other companies regarding the feasibility of deferred prosecution agreements and regarding cooperation with independent monitors; and perhaps a wider-angle look at enforcement trends involving the Foreign Corrupt Practices Act.

Related information:

https://www.justice.gov/opa/pr/raytheon-company-pay-over-950m-connection-defective-pricing-foreign-bribery-and-export

https://apnews.com/article/raytheon-defense-contractor-qatar-bribery-3d495d19979bd17740a68fecdeda2f36

Export Control Reform Act: Noteworthy Developments 

Consider writing about:

Trends involving the Export Control Reform Act; key obligations under the Act; recent or otherwise noteworthy enforcement actions; how prosecutions involving the Export Control Reform Act are evolving.

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? 

Consider writing about:

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 

Consider writing about:

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 

Consider writing about:

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 

Consider writing about:

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.