·  Legal News, Analysis, & Commentary


10 Key Legal Challenges in Today’s Business Landscape

— October 18, 2023

Vigilance in tracking legal shifts enabled swift adaptation to emerging trends, thereby ensuring clients’ digital assets remain secure. ~ Vikas Kaushik, CEO, TechAhead

In this article, we delve into the significant legal challenges faced by industry leaders and how they’ve addressed them. Ten professionals, including CEOs and Chief Operating Officers, share their experiences, from ensuring accuracy in health product labeling to defending against e-commerce delivery failures. These insights highlight the importance of staying informed about legal trends in their respective fields.

  • Ensuring Accuracy in Health Product Labeling
  • Navigating International Child-Custody Arrangements
  • Addressing Data Privacy Regulations
  • Adapting to Short-Term Rental Regulations
  • Enhancing Data Access Controls
  • Maintaining Compliance in Recruitment Software
  • Protecting Intellectual Property in IT
  • Handling Collections in Service Industries
  • Mitigating Copyright Risks in AI Content Creation
  • Defending Against E-commerce Delivery Failures

Ensuring Accuracy in Health Product Labeling

In the health and wellness, supplements, and hemp/CBD industry, the accuracy of labeling is everything. Far too many fly-by-night companies have come and gone, intentionally mislabeling their products. 

We are extremely diligent in our testing, retesting, and retesting again to make certain that all our products are exactly what they say they are. We have no choice but to stay updated about the legality of our industry in order to avoid the pitfalls created by these illegitimate companies. If they put the same amount of effort into creating, marketing, and labeling a legitimate product, these problems wouldn’t exist.

Jared Day, Chief Operating Officer and Co-Founder, Nuleev

Navigating International Child-Custody Arrangements

A significant recent legal challenge in the realm of family law has been navigating the complexities of child-custody arrangements in cases involving international borders. 

One instance involved representing a client whose former spouse lived in a different country, leading to jurisdictional disputes and questions about enforcing custody orders across borders. To address this challenge, staying informed about the Hague Convention on the Civil Aspects of International Child Abduction and relevant international treaties was crucial. 

This knowledge enabled the crafting of a compelling legal argument that not only secured the client’s custody rights but also highlighted the importance of adhering to international agreements in such cases, setting a precedent for future cross-border custody disputes.

Samantha Harper, Partner, Family Divorce Lawyer

Addressing Data Privacy Regulations

We recently encountered a significant legal challenge in our industry involving the ever-changing landscape of data privacy regulations. With the enactment of new laws, such as the Zimba Data Privacy Act, ensuring compliance has become increasingly difficult. 

To address this issue, we implemented routine legal audits and partnered with specialized consultants to ensure that our data management practices complied with the most recent regulations. It was crucial to remain current on legal developments through continuous monitoring, attendance at industry seminars, and participation in legal networks.

Graphic depiction of data flowing as golden light; image by Joshua Sortino, via
Graphic depiction of data flowing as golden light; image by Joshua Sortino, via

This strategy enabled us to proactively modify our policies and procedures, minimizing legal risks and preserving client confidence. By prioritizing compliance and anticipating legal developments, we’ve effectively met this challenge while maintaining our dedication to responsible data management.

John Truong, Managing Director and Attorney, Alliance Compensation & Litigation Lawyers

Adapting to Short-Term Rental Regulations

In the real estate industry, a recent significant legal challenge involved evolving regulations around short-term rentals, notably through platforms like Airbnb. Many cities have implemented stricter rules impacting property owners and professionals.

To tackle this challenge, I prioritized staying informed about legal trends and local regulations. Regularly monitoring updates from government authorities and seeking advice from legal experts ensured compliance.

For instance, when a client wanted to invest in a property for short-term rentals in a tourist area, recent regulatory changes limited rental days. Informed by this legal knowledge, I advised them on the risks and limitations, leading to a decision to explore long-term rentals to align with new regulations. Staying proactive and informed is crucial to navigate evolving legal landscapes in real estate.

Ritika Asrani, Owner and Head Broker, St Maarten Real Estate

Enhancing Data Access Controls

Enhancing access controls to limit the number of employees accessing sensitive data was a pivotal step in addressing recent legal challenges related to data privacy. This process involved meticulously examining our internal systems to identify areas where data access could be restricted without hindering essential business operations. 

We implemented role-based access control (RBAC) mechanisms, ensuring that only employees with a legitimate need to access specific data could do so. This granular approach to access control not only bolstered data security but also ensured compliance with stringent data protection regulations like GDPR and CCPA. 

By carefully defining who could access sensitive data, we minimized the risk of data breaches and unauthorized use, reinforcing our commitment to safeguarding customer information and preserving their trust in our organization.

Sacha Ferrandi, Founder and Principal, Source Capital

Maintaining Compliance in Recruitment Software

Legal challenges come into play in every part of the recruitment industry, including recruitment software like ours that’s meant to make the process easier and fairer. If businesses aren’t compliant during the hiring process, they can leave themselves vulnerable to serious litigation, fines, and reputational loss. 

Businesses owe employees and candidates a fair chance at landing a job, so it’s on us to ensure unfair biases stay out of our processes. That also means keeping updated with shifting legal shifts, like wage transparency laws, and shifting our products to meet them.

Robert Kaskel, Chief People Officer, Checkr

Protecting Intellectual Property in IT

Within the ever-evolving landscape of information technology, addressing legal challenges is a strategic imperative. Recently grappling with intricate issues surrounding intellectual property protection, a fortified legal framework with tailored contracts and proprietary rights safeguards was implemented. 

Vigilance in tracking legal shifts enabled swift adaptation to emerging trends, thereby ensuring clients’ digital assets remain secure. This proactive stance underscores the commitment to innovation while upholding legal integrity.

Vikas Kaushik, CEO, TechAhead

Handling Collections in Service Industries

In the HVAC, electrical, and plumbing industry, the greatest legal challenges recently faced revolve around collections. Based in Alabama, where every state’s laws differ, “theft of services” is a criminal remedy for non-payment, alongside traditional civil and small claims remedies. However, it was learned the hard way that when jobs are attended where the owner isn’t on-site and is providing remote access and communication by phone; it is difficult to pursue any of these remedies.

“Theft of services” charges have been dismissed against an owner who provided the keypad entry code to his rental property because there was no in-person meeting with the owner and it could not be proven that he was the one spoken to by phone. This has led to the requirement of payment upfront for any services where an owner is not physically present for the work. It was irrelevant that he signed his estimate electronically; there was no way to identify that it was him who signed it.

Christopher Olson, CFO, Surfside Services

Mitigating Copyright Risks in AI Content Creation

A legal issue many companies could risk facing during the current boost in the use of AI tools and solutions is copyright infringement. Especially when using AI tools for content creation, the risk of using plagiarized content is quite high as the results are retrieved by scouting the internet and collecting different information from sources without giving credit or even mentioning the source at all. This could put publications at risk of copyright infringement and lose value and trust with consumers as a result. 

Instead of facing legal issues, it is best to use content creation tools for generating ideas but formulating or rephrasing content in your own words.

Max Wesman, Chief Operating Officer, GoodHire

Defending Against E-commerce Delivery Failures

A recent legal challenge involved an e-commerce client who failed to deliver an important order, resulting in damaging consequences for their customer. They tried to shift the blame onto our order-tracking app and initiated legal proceedings. We addressed it by hiring a professional mitigator and a lawyer. The mitigator helped postpone the process, giving us time to strategize while our lawyer examined all contracts and communications. 

Fortunately, we have stayed informed about legal trends and have recently updated our service agreements to include clear clauses about responsibilities and liabilities. This helped our lawyer build a powerful defense, demonstrating that we had fulfilled all our obligations and that the failure was the client’s responsibility.

Ultimately, the situation was resolved in our favor, highlighting the importance of staying informed and prepared for legal challenges.

Irina Poddubnaia, CEO, Founder, TrackMage

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