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How Secure Is the AI System Your Law Firm Is Using?
November 01, 2024
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages
November 01, 2024
Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
November 01, 2024
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
AI Governance In Practice
November 01, 2024
Regardless of how a company proceeds with identifying AI governance challenges, and folds appropriate mitigation solution into a risk management framework, it is critical to begin with an AI governance program.
Authentic Communications Today Increase Success for Value-Driven Clients
November 01, 2024
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
November 01, 2024
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss
November 01, 2024
At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.
Preserving Bargained for Contractual Entitlements In a Cure and Reinstate Plan
November 01, 2024
This article focuses on the cure requirement under Section 1124(2)(A), highlights how courts have interpreted the interplay between Section 1124(2)(A) and related Bankruptcy Code provisions, and suggests best practices to ensure that creditors are not leaving money on the table.
Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands
November 01, 2024
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
November 01, 2024
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.

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