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  • 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.”

    August 31, 2025David Chase and Scott Silver
  • 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.

    August 31, 2025Barbara M. Goodstein and Adam C. Wolk
  • 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.

    August 31, 2025Jason Purviance
  • 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.

    August 01, 2025Stephen M. Kramarsky
  • Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR)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.

    July 31, 2025Lea Speed and Dominic Rota
  • “Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit

    July 31, 2025Howard Shire and Di’Vennci K. Lucas