Expert Analysis

• After Warhol, The High Court Must Clarify Copyright Damages

  

  Following the U.S. Supreme Court's recent decision in Warhol v. Goldsmith, a circuit split over the Copyright Act's statute of limitations provision demonstrates a clear need for the court to decide whether the act imposes a lookback period on copyright infringement claims brought under the discovery rule, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• Roadblocks For Cannabis Employers Setting Up 401(k) Plans

  

  Though the Internal Revenue Code and the Employee Retirement Income Security Act generally allow cannabis businesses to establish 401(k) plans for their employees, companies must still pick their way through uncertainties around tax deductions and recruiting reliable vendors, say attorneys at Shipman & Goodwin.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• How Tenn. Privacy Law Nuances Could Affect Compliance

  

  Tennessee’s recently enacted data privacy law is similar to statutes passed in other states, but also contains its own nuances that could change how a business needs to comply, such as data protection impact assessments and an affirmative defense for violations, say attorneys at Lewis Rice.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• Warhol Decision May Lead To Copyright Licensing Spike

  

  The U.S. Supreme Court's recent Andy Warhol Foundation v. Goldsmith opinion, which focused on the commercial use of "Orange Prince" rather than Warhol's artistic process, will likely lead to more copyright licensing — a small token to pay for the assurance of broad commercialization rights, say Jonathon Hance and Drew Taggart at Bracewell.

• Navigating Data Privacy Assessments Amid New State Laws

  

  As more comprehensive privacy laws move through state legislatures, a common thread is the requirement to conduct and document a data protection impact assessment, meaning businesses should establish not only how assessments are to be conducted, but also the standards and frameworks that should be applied, say Alan Friel and Sasha Kiosse at Squire Patton.

• Opinion

  Time For Law Schools To Rethink Unsung Role Of Adjuncts

  

  As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

• How The Warhol Copyright Case Affects Fair Use Protection

  

  While the recent U.S. Supreme Court opinion in Andy Warhol Foundation v. Goldsmith narrows the scope of what qualifies as fair use, seemingly backtracking on nearly two decades of precedent, it does not close the door to appropriation art altogether, say Joshua Schiller and Benjamin Margulis at Boies Schiller.

• History Supports 2nd Circ. View Of FAA Transport Exemption

  

  In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

• Tips For In-House Legal Leaders In A Challenging Economy

  

  Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

• Beware Patchwork Of State NIL Laws For Student-Athletes

  

  With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.