AI and the Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings
August 31, 2025
Two judges in the Northern District of California recently issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to train its LLMs qualified as fair use. Both decisions carry potentially seismic importance for AI companies and intellectual property litigators.
From Courtroom to Cocktail Hour: 20 Etiquette Rules for Today’s Lawyer
August 31, 2025
In the practice of law, technical expertise is expected; what often distinguishes an attorney in the eyes of clients and colleagues is professional presence. Etiquette — the way we conduct ourselves in daily interactions — can be a decisive factor in building trust, strengthening client relationships, and representing the firm with distinction.
New York City’s FARE Act In Court: Whether It’s “Fair” Is Still Under Review
August 31, 2025
In late 2024, the City Council upended the New York City rental markets when it passed the Fairness in Apartment Rental Expenses (FARE) Act , which, in part, prevents a real estate broker who “publishes” a real estate listing or who enters into a listing agreement with a landlord from seeking payment of their brokerage fee from the prospective tenant. The real estate industry argued that the law is unconstitutional and preempted by state statute. On June 10, 2025, REBNY v. City of New York allowed the Act to take effect on June 11, 2025. This article analyzes the district court’s decision, its impact, and what happens next.
SEC’s Cybersecurity Unit to Focus on ‘AI Washing’
August 31, 2025
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.”
Availability of Specific Performance In Commercial Real Estate
August 31, 2025
Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.
The Expansive Equitable Powers of Bankruptcy Courts Under Section 510(C)
August 31, 2025
In a recent decision, the U.S. Bankruptcy Court for the District of New Jersey subordinated a 502(h) claim to prevent the claimant from being paid in full prior to investors defrauded by the debtors’ pre-petition operation of a Ponzi scheme. In its decision, the court maintained that the equitable powers of bankruptcy courts were sufficiently broad to subordinate a claim on equitable grounds under Section 510(c) and that there is nothing in the Bankruptcy Code that prevents a court from so doing.
What In-House Legal Compensation Negotiations Reveal About Retention, Risk and Value
August 31, 2025
Our 2025 Navigating Compensation Negotiations report, based on the experiences of over 300 in-house legal professionals, provides a detailed look at how negotiation is evolving, where professionals succeed or struggle, and what employers can do to retain top legal talent. The findings suggest a profession that accepts negotiation as standard practice but continues to struggle with inequities in information, internal advancement, and the valuation of non-cash compensation.
Recent Decisions from CA and NY On AI Training and Copyright
August 01, 2025
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.