Expert Analysis

• 'Trump Too Small' Args Show Justices Inclined To Reverse

  

  The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.

• What Cos. Should Know About FTC's Proposed Junk Fee Rule

  

  The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

• AI Can Help Lawyers Overcome The Programming Barrier

  

  Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

• Opinion

  What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong

  

  The Fifth Circuit’s recent ruling in National Press Photographers Association v. McGraw threatens to dilute the First Amendment rights of photographers using uncrewed aircraft systems and undermine federal control of the airspace, and is indicative of how other courts may misinterpret the Federal Aviation Administration's new fact sheet down the line, say attorneys at Wiley Rein.

• Preparing Law Students For A New, AI-Assisted Legal World

  

  As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

• Series

  ESG Around The World: South Korea

  

  Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

• General Counsel Need Data Literacy To Keep Up With AI

  

  With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

• Young Thug Case Spotlights Debate Over Lyric Admissibility

  

  A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.

• Del. Dispatch: Refining M&A Terms After Twitter Investor Suit

  

  The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.

• Navigating Discovery Of Generative AI Information

  

  As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

• First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance

  

  A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.

• Finding Focus: Strategies For Attorneys With ADHD

  

  Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

• A Look At DOJ's New Nationwide Investment Fraud Approach

  

  Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.

• How Cos. Can Protect Privacy In The Age Of AI

  

  The rapidly developing landscape of generative AI and the related legal and regulatory concerns means that what is compliant today may not be tomorrow, and companies must take a pragmatic approach to compliance that anticipates future legal changes, say attorneys at Goodwin.

• Multiwork Statutory Licenses Offer Models For Generative AI

  

  If courts do not find fair use to be an available defense for training large language models, then statutory licenses set forth in the Copyright Act's satellite and cable sections may provide potential standards for a multiwork, multistakeholder statutory license for generative AI purposes, says Gary Greenstein at Wilson Sonsini.