The Curious Persistence of the Six-Factor Trade Secret Test
April 30, 2025
This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.
Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age
April 30, 2025
Today, building brands solely on the promise of a different product or service has become unsustainable. Any “new and improved” feature or benefit is quickly eclipsed by competitors. Consequently, brands signal category superiority not through rational claims, but by reinforcing a distinct persona — a “ness” comprised of distinguishing traits and behaviors that form an ownable brand essence difficult for competitors to replicate.
AI Emerging As Critical Tool for Commercial Real Estate
April 30, 2025
In the fast paced world of commercial real estate, AI is emerging as a critical tool to increase efficiency, reduce costs and provide new opportunities. The infusion of AI into the real estate industry has the potential to change how properties are valued, managed and marketed.
ICE at the Workplace: A Toolkit for Employers
April 30, 2025
Imagine you are the general counsel of a company that maintains warehouses across the country with thousands of employees and you have heard that the government is visiting warehouses like your company’s to check the employment authorization of employees and potentially seeking to detain anyone the government believes may be undocumented. It is critical that you remain informed and ready to face increased scrutiny of your employees’ immigration status at your places of business.
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.