News & Analysis as of August 21, 2025

Corporate Counsel

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Software Gains New Status as a Product Under Strict Liability Law

Morrison & Foerster LLP on 6/19/2025

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant...more

SEC Adopts Long-Anticipated Rules for SPACs: Considerations for Market Participants and SEC Enforcement Objectives in the New...

Pillsbury Winthrop Shaw Pittman LLP on 3/28/2024

The rules, originally proposed in March 2022, realign disclosures, marketing practices and other obligations in de-SPAC transactions more closely with traditional IPOs and add increased risk and uncertainty for market...more

Second Circuit Presents U.S. Companies Historic Opportunity to Defend Against FCPA Liability

Alston & Bird on 9/9/2022

The Second Circuit has made the government’s formerly straightforward task of assigning vicarious liability to a corporate principal under the Foreign Corrupt Practices Act considerably harder. Our White Collar, Government &...more

What Constitutes a Misleading Statement in a Company’s Response to a Data Breach?

Pietragallo Gordon Alfano Bosick & Raspanti,... on 6/28/2022

Takeaway: To ensure investor safety and emphasize a commitment to user privacy, corporate executives and similarly-situated high ranking officers must not provide any statements or omissions that affirmatively create a...more

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Wyrick Robbins Yates & Ponton LLP on 3/24/2022

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...more

Is Amazon Liable For Third-Party Sellers’ Products? To Date, The Answer For E-Commerce Retailers May Depend On Where They Are

Greenbaum, Rowe, Smith & Davis LLP on 8/10/2021

Online transactions on Amazon now account for over 50% of U.S. e-commerce. The company, already a massive corporation with enormous market share prior to the COVID-19 pandemic and the related rise in online shopping, saw its...more

Practical Tips for In-House Counsel From Recent Cybersecurity Decisions

Orrick, Herrington & Sutcliffe LLP on 3/6/2020

The possibility of a cybersecurity incident—and ensuing litigation—is a fact of life for almost every business. Even companies that do not process or handle consumer information collect personal information about their...more

European Commission Publishes Report on Liability for Artificial Intelligence

A&O Shearman on 12/17/2019

The New Technologies formation of the European Commission’s Expert Group on Liability and New Technologies has published a report on liability regimes for artificial intelligence. The report discusses existing laws concerning...more

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