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AI Regulation in India: Current State and Future Perspectives

Artificial intelligence (AI) presents big opportunities and potential risks for countries around the globe, and India is no exception. India has a vast, burgeoning high-tech labor force. The country also attracts millions of...more

Key Considerations When Evaluating an AI Vendor

As a follow-up to our previous post on contracting pointers for services incorporating the use of artificial intelligence (AI), we discuss below some of the key questions to ask vendors that may be using AI in the provision...more

California Enacts the Delete Act

In October, California enacted its newest privacy legislation, commonly referred to as the “Delete Act” (California Senate Bill No. 362). The Delete Act will allow consumers to request that any data broker that maintains any...more

President Biden Issues Executive Order on Safe, Secure, and Trustworthy AI

President Joseph Biden issued an executive order (Order) on October 30 addressing the challenges and opportunities posed by artificial intelligence (AI). The Order’s scope is extensive and includes new standards for AI...more

OSS Representations and Warranties in M&A and Financings

The use of open-source software (OSS) is ubiquitous. Depending on what license governs the type of OSS a company uses and how it uses the OSS, OSS use impacts the valuation of the intellectual property (IP) used by a company...more

Keeping Up with the Metaverse

In October 2021, it was announced that Facebook would formally change its name to Meta as part of an ambitious new initiative called the “metaverse”—a convergence of physical, augmented, and virtual reality in a shared online...more

A Brief Overview of the Metaverse and the Legal Challenges It Will Present

If you are just wrapping your head around the concepts of virtual reality and augmented reality, it may be time to get past the learning curve, as more technology companies are talking about creating the “metaverse.”...more

US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI)...more

Allocating IP Rights in Development Agreements

When a company desires to develop technology, it has two options: develop the technology in-house by its employees, or contract with a third-party developer to develop the technology. ...more

Reseller Versus Distributor: Issues to Consider in Both Relationships

The terms “reseller” and “distributor” are often used interchangeably to describe entities that purchase goods or services from a manufacturer and then distribute or resell such goods or services to retailers and consumers....more

1/21/2020  /  Distributors , Manufacturers , Retailers

Contract Corner: Knowledge Qualifiers in IP Representations and Warranties

In most transactions involving the sale or license of intellectual property, a buyer or licensee will request that a seller or licensor represent and warrant that such intellectual property does not infringe or misappropriate...more

Music Modernization Act Brings Music Licensing Scheme into the Modern Age

The Hatch-Goodlatte Music Modernization Act was signed into law on October 11, 2018. The act has been termed a music industry peace treaty of sorts, as it is designed to address years of issues and compromise between music...more

Residuals Clauses in IP Agreements and NDAs

A residuals clause is a provision in an IP agreement or non-disclosure agreement stipulating that if a party learns some general information regarding the other party’s IP while working with the other party, the party...more

House Passes SELF DRIVE Act

The US House of Representatives passed the ‘‘Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act,’’ or the ‘‘SELF DRIVE Act’’ on September 6. As stated in the act, the purpose of the law is to...more

IP Agreements: Don’t Forget the Feedback Clause

A feedback clause generally gives the recipient of feedback ownership or license rights to ideas, know-how, improvements, or suggestions that the recipient might receive from another party. Feedback clauses are typically...more

How to Comply with the Consumer Review Fairness Act

In January 2015, we wrote about California’s ban on nondisparagement clauses in consumer contracts under the “Yelp” Bill. A new law, the Consumer Review Fairness Act, covers nondisparagement clauses in a similar vein at the...more

California Bans Nondisparagement Clauses in Consumer Contracts

The “Yelp” Bill impacts any entity or person doing business with consumers in California. Those who are fans of writing product or service reviews for sites such as Yelp will be pleased that California law just made it much...more

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