Features
SEC’s Cybersecurity Unit to Focus on ‘AI Washing’
The SEC recently created the Cybersecurity & Emerging Technologies Unit, which is responsible for rooting out fraud schemes related to AI, including fake social media sites, and blockchain and crypto fraud. As a result, SEC whistleblowers will have an opportunity to play a key role in providing the SEC original information leading to investigations and prosecutions of AI cases, commonly known as “AI washing.”
Features
Is Article 9 Compliance Enough to Preserve a Creditor’s Rights In Its Collateral?
When it comes to foreclosing on collateral, secured creditors must be cognizant of the statutory requirements of Article 9 of the UCC. Article 9 has very specific rules governing the foreclosure process and the exercise of remedies. But is compliance with those rules enough to preserve a creditor’s rights in its collateral? It seems there is disagreement among courts as to the correct answer.
Features
Preserving Business Data When Employees Leave: A Mobile Device Offboarding Checklist
When employees leave, they don’t just walk out the door with their personal belongings, they often take with them valuable institutional knowledge, IP, and other business-critical data. Without proper data retention policies for departing employees, organizations risk losing essential information, exposing themselves to security threats, and facing costly legal consequences.
Features
AI Isn’t Replacing Lawyers — It’s Changing How They Work
Instead of eliminating legal jobs, generative AI can be transformative for the in-house role by stripping away repetitive tasks and giving lawyers room to focus on higher-value work.
Features
OpenAI Gets Summary Judgment In Trademark Battle With Open Artificial Intelligence
A trademark battle that pitted technology giant OpenAI against a company known as Open AI (note the space between the terms) has resulted in a summary judgment that has ordered the smaller enterprise to cease use of the name and its prized internet real estate, open.ai.
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.
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 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.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'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 ›
- When It Comes to Trademark Searches, AI Misses the MarkArtificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.Read More ›
