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Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff
Leading the charge in thorny IP issues have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement. This article analyzes the summary judgment decision that set the stage for trial in Hermes International, and provides some takeaways concerning the legal landscape for NFTs moving forward.
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Start-Ups, Cyber Attacks and Regulations
A Q&A with Christina Gagnier, a Shareholder with Carlton Fields and President of the newly-launched privacy and cybersecurity consultancy CTRL, on the cyber issues specific to start-ups and small businesses.
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Strategies to Improve Security and Optimize Your Technology Spend
Uncertain and challenging markets are times when firms and organizations of all types conserve cash. If this can be achieved without cutting needed projects, equipment or services to ensure successful returns to the office, then this is clearly an ideal financial strategy. In fact, leasing and financing not only helps firms conserve cash, but when done right, helps firms also maximize their IT budgets.
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Financial Strategies that Improve Security and Optimize Your Technology Spend
Shifting large IT purchases over to a predictable monthly expense is a pricing model that has taken over most industries with the introduction of cloud services, and this can be a particularly useful model during challenging markets.
Features

New York Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff
Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs. Leading the charge have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement.
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Shrinking Demand? Top 7 Reasons Firms Are Leveraging Experience Data
While the competition for outside legal services has never been more intense, the strategic approach firms take — including a strategic approach to technology — will define whether the market pressures are a threat or opportunity.
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Can ChatGPT Take the Place of Real Estate Lawyers?
While we marvel at the myriad applications of ChatGPT, it's important to note that this newly introduced tool has nuances which can create problems if misunderstood — especially when attempting to produce legal documents or legal advice in real estate transactions.
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Marketing Tech: Legal Ops Success In an Uncertain Economy
Ari Kaplan speaks to leaders in legal ops on key themes emerged that are likely to drive new initiatives in 2023.
Features

AI Regulation in the U.S.: What's Coming, and What Companies Need to Do In 2023
Part One of a Two-Part Article Despite the steady growth of global AI adoption, there is no comprehensive federal legislation on AI in the United States. Instead, the U.S. has a patchwork of various current and proposed AI regulatory frameworks. It is critical for organizations looking to harness this novel technology to understand these frameworks and to prepare to operate in compliance with them.
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Best Practices in Second Request Document Review: How to Execute An E-discovery-Based Plan
Part 2 of a Two-Part Article Part 1 of this article discussed approaches to managing second requests using core project management principles that allow you to control the timeliness, cost, and quality of your organization's response. This follow-up looks at the pragmatics of strategizing and executing a successful plan.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
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- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›