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New York's Latest Cybersecurity Commitment
September 01, 2023
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
September 01, 2023
Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective Part Two of a Two-Part Article In Part One of this article we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM's patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we analyze the claims made in the Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
September 01, 2023
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier?
September 01, 2023
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
10 Steps Legal Departments Should Be Taking to Prepare for the SEC's Newly Adopted Cybersecurity Risk Governance Rule for Public Companies
September 01, 2023
By readying your company's cybersecurity program now to comply with the SEC's cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company's cybersecurity program.
Force Majeure Clauses Are Taking Center Stage In Uncertain Times
September 01, 2023
Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.
The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools
September 01, 2023
The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
How to Build the Law Firm of the Future
September 01, 2023
The onus is on law firm leaders to balance risk and opportunity. How can firms guide through an increasingly perilous landscape rife with opposing hazards to start building the law firm of the future today?
Bankruptcy Risk and Fraud In Cryptocurrency
September 01, 2023
Among the risks of cryptocurrency exchanges are bankruptcy risk and fraud, including: the inalienability of account claims, holding an unsecured claim versus an entitlement to the return of coin, and bankruptcy preference risk.
Impact of New U.S. Guidance for O-1B Visa On TV and Movie Industries
September 01, 2023
This year's update from the U.S. Citizenship and Immigration Service for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.

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