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The FTC’s Ban on Noncompetes Might Die in Court, But the Legal Tide Still Runs Against Them
Wednesday, July 17th, 2024
You’ve almost certainly heard that the Federal Trade Commission (“FTC”) issued a rule banning noncompetes. The rule is scheduled to take effect on September 4. On July 3, a federal court in Texas issued a preliminary injunction against the ban, holding it exceeds the FTC’s powers. But, so far, the court’s injunction applies only to Read the full article…
Can You Cash in By Claiming a Trademark on a Trending Nickname, Slang Word, or Phrase?
Monday, July 8th, 2024
It’s as predictable as the sunrise. Some new trending term bubbles up – a new celebrity nickname, or a slang word or phrase – and people rush to the U.S. Trademark Office to file trademark registration applications covering it. For example, 51 people applied to register YOLO (“you only live once”). Can you register a Read the full article…
Businesses Beware: Using AI to Create Fake Celebrity Advertisements Can Get You in Trouble
Tuesday, May 21st, 2024
Imagine Taylor Swift endorsing your product. Can’t afford her? AI can fake it for you! Thanks to AI deepfake technology, you can create a counterfeit but realistic Taylor Swift endorsement without involving her. Deepfakes use computer machine learning to create eerily realistic images, videos, and audio mimicking real people. Scammers used AI to create a Read the full article…
Virginia’s New Law on College Student-Athlete NIL – Is Virginia a Leader or Irrelevant?
Wednesday, April 17th, 2024
During this General Assembly session, Virginia enacted a law that expands the legality of university support for student-athletes’ name, image, and likeness (“NIL”) opportunities and prohibits the NCAA from acting against them. You could argue that Virginia is the most progressive state in the country in terms of NIL rights for college student-athletes. In addition Read the full article…
Would a U.S. Ban on TikTok Stand Up In Court? What Can Businesses Do if a Ban is Enacted?
Wednesday, March 20th, 2024
There is momentum in Congress toward banning TikTok in the U.S. or forcing its Chinese parent company, ByteDance, to sell to a non-Chinese owner. A TikTok ban would significantly impact U.S. businesses. Would a ban pass court scrutiny? What are the options for businesses if a ban occurs? U.S. businesses advertise heavily through TikTok, and Read the full article…
Game Over for Generative AI? It Has a Copyright Infringing Output Problem.
Monday, March 4th, 2024
Recent developments show that generative AIs (“GenAI”) have bigger copyright-infringement problems than initially thought. These AIs have been spitting out copies of Super Mario, RoboCop, Captain America, and New York Times stories. What does this mean for the future of GenAI and for potential liability for businesses and people using it? NYU professor Gary Marcus Read the full article…
Plagiarism vs. Copyright Infringement: What’s the Difference?
Wednesday, January 17th, 2024
Trivia time: What do these celebrities have in common: Jennifer Lopez, Gigi Hadid, 50 Cent, Jessica Simpson, Khloé and Kim Kardashian, Miley Cyrus, Dua Lipa, Justin Bieber, and Ariana Grande? Answer: They were each sued because they reposted pictures of themselves on social media taken by professional photographers – usually photos these photographers posted on Read the full article…
Microsoft 365 Copilot is Here. What Are the Legal Risks of Using It?
Wednesday, January 3rd, 2024
Microsoft 365 Copilot is here. Will it be a big timesaver for your business? Does using it present significant legal risks? Copilot adds generative AI capability to core Microsoft Office applications, such as Word, Outlook, Excel, Teams, and PowerPoint. It can be used to create, summarize, and analyze things in those applications. For example, purportedly, Read the full article…
The First Battles in the Legal War Over the Future of AI Have Begun
Tuesday, November 21st, 2023
As of this writing, Sam Altman is still out as CEO of OpenAI, the maker of ChatGPT. The Economist depicts this firing as a battle in the war between AI “boomers” and “doomers.” The doomers believe AI threatens humanity and must be constrained. The boomers believe this threat is overstated and that AI progress should Read the full article…
Regulating AI to Protect Society: Where Things Stand and May Be Going
Wednesday, October 18th, 2023
Do you worry about AI destroying your future? Is there any chance that government regulation will save you? To give shape to your fear, pick your favorite dystopian sci-fi movie: o Metropolis (1927) – AI-like robot Maria is used to manipulate the working class. o 2001: A Space Odyssey (1968) – A spaceship’s onboard AI Read the full article…
