Features
Recent Decisions from CA and NY On AI Training and Copyright
In late July, two important decisions came down from courts in the Northern District of California regarding the unauthorized use of copyrighted material for the training of large language models. No real consensus has emerged as to the effect they will have on the broader AI litigation landscape.
Features
Successful and Enforceable Brands Connect with the Consumer: Lessons from a Recent 10th Circuit Decision
Protectable rights are created the same way a successful brand is established — linking your Mark and your company’s offering in the minds of the consumer is a must. The good news? Regardless of your company’s size or marketing budget, this necessary connection can be achieved.
Features
Insights from Acting Director Stewart’s Decisions on Discretionary Denial under the New Interim Processes for PTAB Workload Management
Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR) when parallel litigation is already pending in federal district court or the U.S. International Trade Commission (ITC). Acting Director Stewart replaced those guidelines with new interim processes that rely on the Director to issue decisions on patent owners’ requests for discretionary denials.
Columns & Departments
IP News
“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
Features
The Rise of Revenue Intelligence: Why Law Firms Are Leveraging AI to Reimagine the Revenue Lifecycle
Legal technology is in the middle of a paradigm shift — one where firms are no longer satisfied with incremental fixes and point solutions. Instead, they’re seeking transformation: of systems, workflows, and outcomes. Nowhere is that transformation more urgent — or more impactful — than in how firms manage the revenue lifecycle.
Features
Relocating Easements By Servient Owner
Under what circumstances can a servient owner relocate an easement? New York's Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
Features
Copyright-Termination Case Complexities and Sixth Circuit’s Decision In “Que Sera Sera” Litigation
The Nashville federal court where the lawsuit was filed summarized the litigation as “concern[ing] the rights to a prolific composer’s music, a dizzying estate plan, and two descendants at odds over how to manage the royalties those compositions earn.”
Features
Inconvenient Interlocutory Bankruptcy Appeals — A Reply
A bankruptcy judge, his law clerk and two law students challenged this author’s opinion piece entitled “Inconvenient Bankruptcy Appeals” from the December 2024 issue of The Bankruptcy Strategist that district courts and Bankruptcy Appellate Panels have been rigidly limiting appellate review of interlocutory bankruptcy court orders as a matter of convenience. The critics argue instead that these courts consistently apply appropriate statutory and decisional standards when they decline appellate review, striving to “get it right.” A quick reply follows.
Features
Opportunity Zone Program Gets Renewal — and An Upgrade — With One Big Beautiful Bill Act
For investors, real estate developers and communities, with new incentives now available and the permanent status of the QOZ program, substantial tax benefits and the opportunity to improve disadvantaged areas are welcome news for 2025 and beyond.
Features
Closing the Gaps In Legal Document Management: The Top 6 Things Law Firms Need to Know
Firms no longer have the luxury of making do: productivity is leaking, risk is compounding, and legacy systems — once seen as untouchable — are now being scrutinized through a different lens that prioritizes agility, security, and user experience. From dispelling misconceptions, to the risk of traditional print and how to focus on the basics, here are the top six things firms need to know about closing the gaps in legal document management.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The Roadmap of Litigation AnalyticsLitigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Understanding the Potential Pitfalls Arising From Participation in Standards BodiesChances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.Read More ›
