ChatGPT’s Ghibli-Style Images Are Testing Copyright Law
April 30, 2025
Last month, a flood of whimsical, dreamlike portraits in the style of Studio Ghibli (the Japanese animation studio) swept across social media. What began as a playful social trend quickly raised legal concerns. Within days, users began reporting that OpenAI had restricted prompts referencing specific artistic styles. This trend offers a live case study of how generative AI may implicate core doctrines of copyright law, including derivative works, substantial similarity, and fair use.
Despite Appearances, Crypto Enforcement Still Has a Pulse
April 30, 2025
The contrast between the Trump Administration’s ostentatious embrace of cryptocurrency and the prior administration’s chilly skepticism has led some to suggest that the multi-billion-dollar industry is at the dawn of an enforcement-devoid free for all. A more recent, lower key announcement, however, indicates that enforcement still has a pulse.
Reframing the AI Debate To Improve How We Practice Law
April 01, 2025
Lessons about artificial intelligence (AI), how our discourse about machines has gone awry, and how consulting traditional models can provide clarity — especially to thorny legal issues at the intersection of technology and IP law.
Shift In Foreign Corruption Policy Could Amplify Risk of Extortion for Global Businesses
March 31, 2025
The Trump administration’s shift in enforcement policy away from foreign corruption and towards the fight against Transnational Criminal Organizations (TCOs) such as drug cartels, may reduce the immediate risk to global businesses of an FCPA prosecution based on alleged extortion payments. However, the same shift raises new threats to those businesses under statutes that prohibit engagement of any kind with terrorist organizations, do not recognize an extortion defense, and may give rise to civil as well as criminal liability.
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
March 01, 2025
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
EU Antitrust Strategy Faces U.S. Pushback as Regulatory Tensions Rise Over Big Tech
March 01, 2025
With tech giants’ influence on the White House on the rise, the likelihood of U.S. retaliation in response to enforcement of both longstanding EU antitrust rules and newer digital regulations has grown. At the same time, the EU’s own stated desire to cut red tape has raised existential questions about the future of the EU as a global regulatory superpower whose laws are emulated by nations and adhered to by companies around the world.