Dealmaking makes a comeback as tech giants battle for dominance in artificial intelligence -
Dealmakers in the technology sector have battled headwinds over the past few years. Global deal value sank to US$456.6 billion in...more
A series of recent rulings from the Court of Justice of the European Union ("CJEU") has reaffirmed the country of origin principle set forth in the e-Commerce Directive ("ECD")—which provides that, except in limited...more
The global dash to regulate AI -
Artificial intelligence (AI) has made enormous strides in recent years and has increasingly moved into the public consciousness.
Increases in computational power, coupled with advances in...more
5/14/2024
/ Acquisitions ,
Artificial Intelligence ,
Corporate Counsel ,
Cross-Border ,
Doing Business ,
Intellectual Property Protection ,
Investment ,
Investors ,
Jurisdiction ,
Machine Learning ,
Mergers ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology Sector
On February 13, 2024, the US Patent and Trademark Office (USPTO) issued examination guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI) (the "Guidance"). The Guidance is...more
2/16/2024
/ Artificial Intelligence ,
Innovation Patent ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
New Guidance ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Technology ,
USPTO
Last week, on January 25, 2024, the US Federal Trade Commission (FTC) held an inaugural public summit on artificial intelligence (AI) policy, as the agency explores antitrust and consumer protection challenges posed by the...more
You are likely already familiar with two US recent decisions that have addressed the copyrightability of AI-generated works:
(a) On August 18, 2023, the United States District Court for the District of Columbia ruled in...more
10/6/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Corporate Counsel ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
Technology Sector
...We round out our series with a summary of several developments around the world that focus on the adequacy of the various jurisdictions' laws in addressing the opportunities and risks arising from generative AI....more
9/22/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Google ,
Inter Partes Review (IPR) Proceeding ,
Machine Learning ,
Patent Applications ,
Patents ,
Risk Assessment ,
Training ,
USPTO
In this edition, key themes include creators and consumers seeking more control and protection over how their content is used to train AI models (whether under copyright law or privacy laws), and governments grappling with...more
8/31/2023
/ Advertising ,
Algorithms ,
Arbitration ,
Artificial Intelligence ,
Authorship ,
Automated Decision Systems (ADS) ,
Bias ,
Biometric Information Privacy Act ,
China ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Copyright Office ,
Copyright Registration ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Election Commission (FEC) ,
Intellectual Property Protection ,
Machine Learning ,
Motion to Compel ,
Personally Identifiable Information ,
Privacy Laws ,
South Korea ,
Target ,
Terms of Service ,
Zoom®
Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more
8/10/2023
/ Artificial Intelligence ,
Australia ,
Automated Decision Systems (ADS) ,
Broker-Dealer ,
Class Action ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Deep Fake ,
Emerging Technologies ,
EU ,
France ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internet ,
Investment Adviser ,
Legislative Agendas ,
Microsoft ,
Patent Infringement ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Proposed Rules ,
Regulatory Oversight ,
Risk Factors ,
Securities and Exchange Commission (SEC) ,
South Korea ,
Technology Sector ,
UK ,
Web Browsers
Welcome to the first edition of our AI Legal News Summer Roundup! With both the temperature and artificial intelligence developments heating up, the time is ripe to provide periodic updates this summer on recent legal...more
7/20/2023
/ Artificial Intelligence ,
Australia ,
China ,
Competition ,
Data Privacy ,
Data Security ,
Data Transfers ,
Federal Trade Commission (FTC) ,
Infrastructure ,
Intellectual Property Protection ,
Investment ,
Investors ,
Japan ,
New Rules ,
Singapore ,
Technology Sector ,
UK
Last Thursday, May 18, 2023, the U.S. Supreme Court ruled in a 7-2 decision that the Andy Warhol Foundation's ("AWF") use of Lynn Goldsmith's photograph of the musician Prince in the commercial licensing of artist Andy...more
5/31/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Intellectual Property Protection ,
Photographs ,
SCOTUS ,
Transformative Use
White & Case Tech Newsflash As we recently discussed, the rapid pace of development and adoption of artificial intelligence ("AI") technology, especially generative AI, has led to numerous questions for intellectual property...more
As anyone who is interested in this space knows, the use of artificial intelligence (AI), including generative AI, has, among other things, resulted in a plethora of novel and complex questions for intellectual property law....more
As we have previously discussed, claims under the Computer Fraud and Abuse Act (CFAA) are often asserted as a means of protecting online data from unwanted data scraping activity. The scope and application of the CFAA,...more
The technology sector continued its record-breaking path through 2021 as digitalization picked up pace. M&A value in 2020 was already strong—it reached US$339 billion, the highest-ever annual value for the sector at that...more
Technology M&A activity is thriving in 2021 as dealmakers continue to turn to the sector in search of assets with high-quality earnings and growth prospects -
Technology deal volume and value surged through the first half...more
7/30/2021
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Digital Health ,
Domestic Dealmaking ,
Global Dealmaking ,
Healthcare ,
Mergers ,
Private Equity ,
Publicly-Traded Companies ,
Special Purpose Acquisition Companies (SPACs) ,
Technology Sector
White & Case Technology Newsflash -
As artificial intelligence (AI) evolves, it becomes imperative to examine whether the current intellectual property (IP) legal frameworks, in the US and abroad, are adequate to address...more
10/23/2020
/ Artificial Intelligence ,
Copyright ,
Databases ,
European Patent Office ,
Information Reports ,
Inventors ,
Patent Applications ,
Patents ,
Popular ,
Public Comment ,
Trade Secrets ,
Trademarks ,
UK Intellectual Property Office (UK IPO) ,
USPTO
Technology dealmaking has continued apace in 2020 as M&A investors take advantage of the sector’s resilience to transact -
The technology sector has been one of the least impacted by the COVID-19 pandemic, and deal...more
6/30/2020
/ Acquisitions ,
Coronavirus/COVID-19 ,
FinTech ,
Foreign Investment ,
Global Dealmaking ,
Initial Public Offering (IPO) ,
Mergers ,
Private Equity ,
Startups ,
Technology Sector ,
Venture Capital
Digital drives deals in every sector, ensuring tech is a primary focus of M&A across the board—even as data challenges multiply.
Some say every deal is a tech deal now. Not quite, but the point is well taken. Respondents to...more
As we have previously discussed, claims under the Computer Fraud and Abuses Act (CFAA) are commonly asserted as a means of protecting online data from unwanted scraping activity. The scope and application of the CFAA,...more
9/20/2019
/ Abuse of Discretion ,
Analytics ,
Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Declaratory Relief ,
Interlocutory Appeals ,
Irreparable Harm ,
Likelihood of Success ,
LinkedIn ,
Preemption ,
Preliminary Injunctions ,
Public Information ,
User Agreements ,
Web Scraping
Due diligence considerations with respect to licensing data and acquiring data-dependent businesses.
In the relentless pursuit of the competitive advantages that arise from efficiency and speed, companies are increasingly...more