As AI Pricing Tools Evolve, So Does Antitrust Risk

As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.

Bracing For Regulatory Delays As Shutdown Looms

As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.

4 Ways To Approach The Nuances Of AI Vendor Contracts

There is no immediate road map for negotiating contracts presented by artificial intelligence and machine learning vendors, but a phased approach can be used to direct a customer's diligence and to better assess whether additional contractual terms should be included in these agreements, say Reeya Thakrar and Ira Kalina at Faegre Drinker.

Exclusivity Loss Holds Power In Trade Secret Damages Claims

A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.

What Large Language Models Mean For Document Review

Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

Tech M&A Due Diligence Checklist: Critical IP Areas Of Inquiry

Declining valuations are the backdrop of the current technology M&A landscape worldwide, and intellectual property is a key value driver from the vantage point of a potential acquiror, so when it comes to due diligence for technology acquisitions, there are several pitfalls to avoid, say attorneys at Gibson Dunn.

Future Paths For AI Inventorship After Justices' Thaler Denial

Anup Iyer at Moore & Van Allen examines the current and future state of AI inventorship in the wake of the U.S. Supreme Court's decision not to hear Thaler v. Vidal, including collaboration, international challenges, and the need for closer examination in research and development-intensive sectors.

Participating In Living History Makes Me A Better Lawyer

My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

Opinion

Private Equity Owners Can Remedy Law Firms' Agency Issues

Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

Application Of Defend Trade Secrets Act Continues To Vary

Seven years after the passage of the Defend Trade Secrets Act, anticipated uniformity has proved somewhat elusive, with federal courts sometimes incorporating state-law requirements into claims brought under the act instead of using it to bypass inconsistencies between state laws, say attorneys at MoloLamken.

Opinion

Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role

Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.

Cases, Issues That May Shape The Intersection Of AI And IP

Courts dealing with the current, and likely growing, onslaught of intellectual property litigation concerning artificial intelligence will determine whether certain common forms of AI training constitute IP violations, while the government works to determine whether AI-generated output is itself protectable under the law, say Robert Hill and Kathryn Keating at Holland & Knight and Meghan Ryan at Southern Methodist University.

Beware The Legal Risks Of Using AI In Software Development

Software companies are among the most motivated and excited by trained generative artificial intelligence engines, but the output of code writing assistants can include code, comments or other content that infringes copyright or runs afoul of a use restriction associated with its original source location, say Andrew Freyer and Palash Basu at Brownstein Hyatt.

How To Protect Atty-Client Privilege While Using Generative AI

When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

Opinion

Design And Utility Patents Should Get Same Obviousness Test

The principles of the U.S. Supreme Court's KSR v. Teleflex decision should apply to design patents in the pending Federal Circuit LKQ v. GM Global Technology case because both utility and design patents are subject to the same prohibition against obviousness, say Alexander Chen and Katja Grosch at InHouse Co. Law Firm.