Crowell & Moring Releases “Regulatory Forecast 2020: What Corporate Counsel Need to Know for the Coming Year”

Antitrust Investigations Into Big Tech Impact Corporate Sector

Crowell & Moring released its Regulatory Forecast 2020: What Corporate Counsel Need to Know for the Coming Year today, a report that explores the impact of regulatory changes on the technology industry and other sectors, and provides insight into the trends that in-house counsel can expect to face in the coming year.

The cover story, “Antitrust in the Digital Age: How Antitrust Investigations into Big Tech Impact Companies in Every Industry,” discusses why there has been an increase in antitrust investigations and the effort to crack down on potential abuses among large technology companies. The driving forces behind the increased regulatory focus include access to the data, online platforms, and cutting-edge technologies that define competitive advantage.

“Despite the current administration’s stated focus on deregulation, both the federal and state regulatory regimes are alive and well; they are just manifesting in different ways,” said Philip T. Inglima, the chair of Crowell & Moring. “Our report demonstrates that technological changes in industry are fueling an evolution in regulation, with positive and negative outcomes. It is a guide to anticipating and adapting to the changes that will surely come in the year ahead and for years to come.”

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“The regulatory environment has not kept pace with the rapid growth of technology,” said Shawn R. Johnson, partner and co-chair of Crowell & Moring Antitrust Group. “In the antitrust arena, Big Tech is at center stage as the government works to address potential abuses. But this is not just about Big Tech. In the end, all companies are becoming digital. From how we view the role of data privacy to acquisitions, these investigations are going to impact a wide range of businesses for the foreseeable future.”

In the article focused on government affairs, “A Surprisingly Open Door for Legislation,” James G. Flood, former counsel to Sen. Charles Schumer on the Senate Judiciary Committee and now chair of the firm’s Government Affairs Group, examines the potential for new federal legislation despite the common misconception that Congress stops functioning in an election year. In the insurance article, “AI and Insurance: What’s in That Black Box?” Laura Foggan, chair of the firm’s Insurance/Reinsurance Group, explores how AI leverages big data to find correlations, inferences and predictions, and warns in-house counsel that cutting-edge technology could be a double-edged sword.

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Additional articles in the Forecast include:

• Administrative Law — The Supreme Court and the President Rein In the ‘Administrative State’
• Advertising — Social Media Platforms Face Charges of Political Bias
• Corporate — Blockchain’s Awareness Problem — and How to Solve It
• Environment & Natural Resources — Now Is the Time to Prepare for PFAS Regulation
• Government Contracts — A Secure Supply Chain Is a Competitive Advantage
• Health Care — Will Health Care Be Healthier in 2020?
• Insurance — AI and Insurance: What’s in That Black Box?
• Tax — IRS Draft Regs: OIRA Review Offers Fresh Opportunity
• International Trade — Caught in the Crossfire
• Transportation — The March to Digital Mobility
• Government Affairs — A Surprisingly Open Door for Legislation

“Not only is there no rest for those watching the regulatory front, but, driven by uncertainty, that front is larger and perhaps more active than ever,” said Dan W. Wolff, chair of the firm’s Administrative Law & Regulatory Practice. “The goal of the Forecast is to help general counsel better monitor that front and also move forward along with it.”

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