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Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
January 01, 2024
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
Split Second Circuit Narrows Bankruptcy Code's Settlement Payment Safe Harbor
January 01, 2024
The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a "mere conduit" to exploit the Code's safe harbor.
The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts
January 01, 2024
A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
Start 2024 By Embracing the Synergy Between Retirements and Succession Planning
January 01, 2024
Attorneys retiring and succession planning are critical issues are often overlooked at the management level of law firms. A key question arises: What should come first, retirement or succession planning? Although they go hand in hand, many firms avoid addressing both.
How Likely FTC's Comments On Copyright & AI May Become Policy
January 01, 2024
The FTC said that the misuse of training data like infringing on a work's copyright license is tantamount to unfair competition, thus implicating consumer protection with copyright policy and securing the agency's jurisdiction in the regulatory space.
Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak
January 01, 2024
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
Nurture Your Clients To Develop, and Deepen, Relationships
January 01, 2024
Business development is, first and foremost, about people and your relationships with these people. While marketing and visibility activities (speaking, writing, etc.) are critical, it's the people who ultimately make the hiring decisions. As a lawyer, while time is rarely on your side, developing your Nurture System will help you strengthen and deepen your important relationships in ways that are sustainable and effective.
Distressed Real Estate Filings to Continue
January 01, 2024
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
Interviews With Defense Lawyers In Authors' AI Suit Against Meta
January 01, 2024
Whether there's a fair use right to use copyrighted texts to train learning language models (LLMs) such as LLaMA is one of the central legal questions facing companies developing generative artificial intelligence. District Judge Chhabria then knocked out a significant chunk of the plaintiffs' initial claims — a win for Meta's legal team. Following are interviews about the case with these defense lawyers.
How CRE's Asset Classes Performed In 2023
January 01, 2024
It was widely believed that the US would be in a recession by now, but that is not the case – it's one of several 2023 forecasts that didn't play out exactly how many thought it would.

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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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