As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more
8/7/2024
/ Acquisitions ,
Artificial Intelligence ,
Bias ,
Bots ,
Cross-Border ,
Data Privacy ,
Government Agencies ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Mergers ,
Patents ,
Policies and Procedures ,
Regulatory Requirements ,
Trade Secrets
As we stand on the cusp of transformation in the commercial real estate industry, one cannot help but recall the sage words: “With great power comes great responsibility.” In an era marked by technological advancements...more
Is your M&A target a company that develops or uses artificial intelligence (“AI”) tools? AI, and generative AI technologies specifically, are powerful business tools but present novel legal issues in the context of M&A...more
The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice,...more
7/30/2024
/ Artificial Intelligence ,
Copyright ,
Digital Media ,
Federal Register ,
Intellectual Property Protection ,
Name and Likeness ,
Regulatory Requirements ,
Right of Publicity ,
Roundtable ,
Technology ,
Trademarks ,
USPTO
The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more
7/16/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
New Guidance ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
USPTO
The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more
The number of bar associations that have issued AI ethics guidance continues to grow, with NJ being the most recent. In its May 2024 report (Report), the NJ Task Force on Artificial Intelligence and the Law made a number of...more
By now, most lawyers have heard of judges sanctioning lawyers for misuse of generative AI, typically for not fact checking the outputs. Other judges have issued local rules governing use of or prohibiting AI. These actions...more
The Consumer Financial Protection Bureau (“CFPB”) published a report on Banking in Video Games and Virtual Worlds (“Report”) that warns of greater scrutiny of and enforcements against the financial services offered in games...more
Plaintiff’s attorneys have filed a wave of lawsuits against various AI tools under a variety of legal theories. Most have had no success so far. Many of the asserted claims have been dismissed for lack of sufficiently pleaded...more
We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more
A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?...more
Is your M&A target a manufacturing company with automated production, a consumer products business with online sales and marketing or an education company that creates content for students? The increasing use and development...more
5/10/2024
/ Acquisitions ,
Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bots ,
Contract Drafting ,
Intellectual Property Protection ,
Mergers ,
Purchase Agreement ,
Representations and Warranties ,
Technology
According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The...more
5/8/2024
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Deep Fake ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Permanent Injunctions ,
Technology
The Organisation for Economic Co-operation and Development (OECD), which works on establishing evidence-based international standards and develops advice on public policies, has issued updated recommendations...more
The development of AI continues to advance at a blistering pace, increasing the need for companies to employ AI governance and adopt policies for the responsible development and deployment of AI. While the term “responsible...more
5/3/2024
/ Artificial Intelligence ,
Disclosure Requirements ,
Legislative Agendas ,
NIST ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Technology Sector ,
Transparency
We have now reached the 180-day mark since the White House Executive Order (EO) on the Safe, Secure and Trustworthy Development of AI and we are seeing a flurry of mandated actions being completed. See here for a summary of...more
5/1/2024
/ Artificial Intelligence ,
Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
National Security ,
New Legislation ,
NIST ,
Personal Information ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Technology Sector
Massachusetts Attorney General Andrea Campbell issued an advisory (“Advisory”) warning to developers, suppliers, and users of artificial intelligence and algorithmic decision-making systems (collectively, “AI”) about their...more
Colorado is the latest state to introduce a bill focused on consumer protection issues when companies develop AI tools. The bill imposes obligations on developers and deployers of AI systems. Additionally, the bill provides...more
4/12/2024
/ Artificial Intelligence ,
Colorado ,
Consumer Protection Laws ,
Consumers ,
Data Security ,
Disclosure Requirements ,
Innovative Technology ,
Legislative Agendas ,
Policies and Procedures ,
Proposed Legislation ,
Risk Assessment ,
Risk Management ,
Software Developers ,
State and Local Government ,
Technology Sector
The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark...more
On April 4, the CFPB published a new Issue Spotlight, titled “Banking in Video Games and Virtual Worlds” that analyzes the increased commercial activity within online video games and virtual worlds and the apparent risks to...more
4/8/2024
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Crypto Exchanges ,
Cryptoassets ,
Cybersecurity ,
FinTech ,
Games ,
In-Game Purchases ,
Online Marketplace ,
Privacy Laws ,
Rulemaking Process
The NY State Bar Association (NYSBA) Task Force on Artificial Intelligence has issued a nearly 80 page report (Report) and recommendations on the legal, social and ethical impact of artificial intelligence (AI) and generative...more
4/8/2024
/ Artificial Intelligence ,
California ,
Code of Conduct ,
Confidential Information ,
Cybersecurity ,
Florida ,
Legal Ethics ,
New Guidance ,
New Regulations ,
New York ,
Regulatory Agenda ,
Risk Management ,
State Bar Associations
The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI...more
The SEC has charged and settled claims with two Investment advisers with making false and misleading statements about their use of artificial intelligence (AI). The SEC found that Delphia (USA) Inc. and Global Predictions...more
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more
3/13/2024
/ Consumer Confusion ,
Copyright ,
Copyright Office ,
Copyright Ownership ,
DMCA ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Fungible Tokens (NFTs) ,
Patent Ownership ,
Patents ,
Popular ,
Technology Sector ,
Trademark Infringement ,
Trademark Ownership ,
Trademarks ,
USPTO