A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. In this Client Alert, Latham & Watkins attorneys review the major enforcer and congressional statements over the past year that have raised antitrust and competition concerns with ESG initiatives; analyze how the AG Letter reflects a refinement of theories of harm under state and federal competition laws; and provide guidance to entities implementing ESG policies on how to minimize legal risks.
While issuers continue to commit to sustainability/ESG objectives, for the first time since sustainability-linked bonds (SLBs) emerged, certain SLB issuers missed their sustainability targets in 2022 and early 2023. Further, market participants have recently expressed concerns about other SLB issuers in danger of not hitting their SPTs and, in general, about the credibility of SLBs in light of issuer ambitions and incentives to achieve sustainability targets. Issuers should consider the ambitiousness of their sustainability targets, any challenges in achieving the targets on schedule, and how they will prove their progress. In this resource, Latham & Watkins provides 10 takeaways relating to these developments for potential SLB issuers and their underwriters.
On May 10, 2023, the Texas State Senate passed the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents. This article provides answers to some general questions about the TDPSA as it is currently written.
How will governments across the globe respond to this pivotal technology? And for the United States, how will our government respond? This resource from Seyfarth dives into these questions.
The Copyright Office recently declared that it will not grant protection over AI-generated works, upholding its longstanding rule that non-human authors cannot own copyright. At the same time, the Office is well aware that AI technology is changing everything. This Resource from Seyfarth explores some of the recent developments in AI generated art.
For in-house legal departments, relationships with Outside Counsel are integral to overall management of matters and outcomes. A solid relationship creates synergy and partnership; a dysfunctional one creates frustration and typically increases costs. One of the most common tools to enhance client/firm relationships is setting effective Outside Counsel Guidelines (OCGs). Read this article written by Brenda Hansen, Sr. Legal Operations Consultant, Epiq Legal Business Advisory, for tips on drafting effective and impactful Outside Counsel Guidelines.
Sharing sensitive data with ChatGPT for work, such as source code and meeting minutes, may be labeled a “data leak” due to fears that ChatGPT can disclose the data to the public once it is trained on the data. In response, many companies took action, such as banning or restricting access, or creating ChatGPT data disclosure policies. This resource from Seyfarth and Shaw discusses the implications of ChatGPT on trade secrets, disclosures, and provides key takeaways to consider with AI tools.
Several generative AI models now provide the ability to simulate your favorite artist’s voice and lyrical tempo to create a track that sounds indistinguishable from the real thing. Several artists have voiced their displeasure for these impersonations and music giants are now pushing streaming services to ban music created by AI models with some success. This article from Seyfarth and Shaw discusses how artists can legally fight back.
2023 is shaping up to be a landmark year for data privacy, as comprehensive consumer privacy laws take effect in four states and a fifth state expands its already robust privacy compliance requirements. Womble Bond Dickinson assembled a panel of privacy, technology and data security attorneys to discuss these upcoming changes and the regulatory compliance steps companies need to take. This article is taken from that conversation.
This resource from Womble Bond Dickinson discusses how remote and hybrid work bring new legal and compliance challenges for in-house counsel.