Features

How Courts In the U.S. and the UK Are Addressing Key GenAI Copyright Infringement Issues
How the courts in the U.S. and the UK are addressing the key copyright infringement issues as they relate to generative AI models and output, and highlights the differences, particularly in the area of “fair use”/”fair dealing” and statutory provisions unique to each country.
Features

TTAB Allows for Non-User to Oppose Trademark for Reputational Injury
In a recent case, although finding no standing in the case in front of it, a federal court noted that it was, however, possible that a nonuser could demonstrate entitlement to cancel or oppose by establishing either lost sales in the United States or reputational injury in the United States under the Lanham Act.
Columns & Departments

Co-ops and Condominiums
Co-Op’s Refusal to Transfer Shares to Romantic Partner Did Not Constitute Housing DiscriminationCo-Op Had Right to Demand Removal of Whirlpool Tub
Features

Increasing Urbanization Revives Attractive Nuisance Doctrine
From parks and playgrounds to construction sites and urban farming initiatives, urban environments are becoming more complex, with new opportunities for residents and visitors alike. But with these changes come new challenges, especially for property owners. One of the biggest legal issues they may not even realize is impacting them: the “attractive nuisance” doctrine.
Features

Did 'FTX' Start Trend of Using the Threat of an Examiner Costs and Complications As a Source of Leverage?
There are some indications that parties may in fact be using the threat of an examiner and its associated costs and complications as a source of leverage, although the jury is still out on the full impact of the FTX decision on examiner motion practice.
Features

Second Circuit Expands DOJ Power In Anti-Kickback Statute
In recent years, the DOJ has wielded the Anti-Kickback Statute (AKS) to exact steep penalties from corporate actors and individuals alike for the improper exchange of something of value to generate healthcare business funded by a federal program. When coupled with the False Claims Act, the AKS turns into a potent civil enforcement tool that carries many of the same draconian penalties as criminal enforcement, achieved via a less demanding path.
Features

AI-Training Ruling Finds No Fair Use
A recent AI copyright ruling out of federal court could have a sprawling impact on how companies, both big and small, use the technology responsibly.
Features

AI for Legal Professionals
Mastering AI tools is vital for law firms striving to remain competitive. The increasing demand for prompt and effective services means firms that do not adapt may fall behind.
Features

Is Google Search Dead? How AI Is Reshaping SEO and Search
AI-driven assistants like ChatGPT and Gemini have completely shifted how people find information. Instead of relying on traditional search results, users are turning to conversational models that deliver direct answers, and mostly good ones, in seconds. This is a massive wake-up call for firms that rely solely on SEO strategies.
Columns & Departments

Real Property Law
Co-Tenant’s Adverse Possession Claim Raises Issues of Fact About HostilityBona Fide Purchaser of Property Sold At Foreclosure Is Protected Against Claims That the Foreclosure Sale Was ErroneousTown Not Strictly Liable for Emitting Pollutants Into Lake
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
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›