Expert Analysis

• When Can Human Input Render AI Work Copyrightable?

  

  The U.S. District Court for the District of Columbia's recent decision in Thaler v. Perlmutter leaves open the question of how much human input is necessary to qualify the user of an artificial intelligence system as the author of a generated work, but the court's dicta offers some clues, say attorneys at MoFo.

• Series

  ESG Around The World: Australia

  

  Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

• Key Takeaways For Email Marketing From Experian Settlement

  

  The Federal Trade Commission's recent enforcement action against Experian is a good reminder for companies to assess email marketing practices for compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act, including misleading header information, deceptive subject lines and opt-out requirements, says Terese Arenth at Moritt Hock.

• The NIL Legislation Race: CAEFA And Ted Cruz's Draft Bill

  

  Christina Stylianou and Gregg Clifton at Lewis Brisbois compare legislation pertaining to the name, image and likeness rights of college student-athletes, including the College Athlete Economic Freedom Act and Sen. Ted Cruz's draft bill that would restrict an athlete's eligibility to compete if an NIL agreement violates their university's student code of conduct.

• Developers Are Testing Defenses In Generative AI Litigation

  

  In the rapidly growing field of generative artificial intelligence law in the U.S., there are a few possible defenses that have already been effectively asserted by defendants in litigation, including lack of standing, reliance on the fair use doctrine, and the legality of so-called data scraping, say attorneys at K&L Gates.

• Deepfakes Remain A Threat Ahead Of 2024 Elections

  

  Although this electoral season has already seen phony videos and images created to deceive the voting public — and deepfakes are surely destined to become all the more pervasive — there is still a lack of legislative progress on this issue, says Douglas Mirell at Greenberg Glusker.

• Opinion

  Address The Data Monopoly, Otherwise Tech Giants Control AI

  

  It is likely that we will experience a severe monopoly on artificial intelligence systems and patents by the largest players in the tech industry, so the way we treat data needs to change, whether through the legislature, the courts or tech companies, says Pranav Katti at Barclay Damon.

• Brand Owners Beware: AI-Generated Ad Content Poses Risks

  

  Since the Association of National Advertisers recently updated its master media buying services template agreement, brand owners should consider how their contracted agencies are using artificial intelligence to create and implement campaigns and media purchases, say Kyle-Beth Hilfer and John Miranda at Cowan Liebowitz.

• Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

  

  X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

• Best Ad Practices For Digital Products Amid FTC Scrutiny

  

  The Federal Trade Commission recently signaled an increased focus on content ownership claims related to digital products, especially those generated by artificial tools — so now is the time for companies to consider practical applications of decades-old consumer protection principles within today's digital context, says ​​​​​​​Ioana Gorecki at Kelley Drye.

• Companies Must Dig Up Old Laws To Stay Privacy-Compliant

  

  Despite the recent focus on new privacy and data security laws, companies cannot ignore existing rules that have recently been revived, amended or reinterpreted to address emerging privacy and data security challenges, says Julia Kadish at Sheppard Mullin.

• ABA's Money-Laundering Resolution Is A Balancing Act

  

  While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

• 8 Ways Life Sciences Cos. Can Adapt To The Social Media Era

  

  As pharmaceutical and medical device companies harness the powerful promotion potential of social media, they must navigate legal, regulatory and reputational risks that can be particularly challenging due to the complex framework of rules that apply to the life sciences industry, say attorneys at Troutman Pepper.

• FTC Settlements Widen Efforts To Shield Health Data

  

  The Federal Trade Commission's recent enforcement actions aim to send a clear message that companies using tracking technologies should carefully monitor the sharing of sensitive data, particularly in the mental health, substance use disorder treatment and reproductive health care fields, say attorneys at Choate.

• Behind The Economics Of The DOJ's Case Against Google

  

  Ahead of the U.S. v. Google search monopolization case set for trial in D.C. federal court Tuesday, economist Tessie LiJu Su discusses bundling, exclusive dealing, and the allegations of anti-competitive practices against the technology giant.