Expert Analysis

• 3 Trends From AI-Related Securities Class Action Dismissals

  

  A review of recently dismissed securities class actions centering on artificial intelligence highlights courts' scrutiny of statements about AI's capabilities and independence, and sustained focus on issues that aren't AI-specific, say attorneys at Alston & Bird.

• 5 Evolving Marketing Risks That Finance Cos. Should Watch

  

  Financial services providers should beware several areas where consumer protection regulators are broadening their scrutiny of modern marketing practices, such as the use of influencer testimonials or advertisements touting artificial intelligence-powered products, so they can better adapt to changing expectations for compliance, say attorneys at Hinshaw.

• AI Will Transform Patent Examination For The Better

  

  The U.S. Patent and Trademark Office's increasing use of artificial intelligence tools will result in patents that are more thoroughly vetted, and patent applicants and practitioners will need to adapt their drafting strategies and address stronger and more sophisticated rejections, say attorneys at Troutman.

• Hybrid Claims In Antitrust Disputes Spark Coverage Battles

  

  Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.

• EU-US Data Transfer Ruling Offers Reassurance To Cos.

  

  The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.

• Protecting Sensitive Court Filings After Recent Cyber Breach

  

  In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

• DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks

  

  The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.

• Minimizing AI Bias Risks Amid New Calif. Workplace Rules

  

  In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.

• Midjourney Cases Could Define Fair Use In Age Of AI Images

  

  Recently filed litigation over Midjourney's use of artificial intelligence-generated images based on Disney, Universal and Warner Bros.' copyrighted characters display straightforward infringement issues favoring the plaintiffs, but also present an opportunity to clarify the fair use doctrine as it relates to generative AI, says Avery Carter at Arnall Golden.

• Means-Plus-Function Terms In Software Claims May Be Risky

  

  Though the Federal Circuit recently reversed a decision rejecting a set of means-plus-function software claims as lacking sufficient structure, practitioners who proceed under this holding may run into indefiniteness problems if they do not consider other Federal Circuit holdings related to the definiteness requirement, says Jeffrey Danley at Seed IP Law Group.

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  NC Banking Brief: All The Notable Legal Updates In Q3

  

  There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.

• New Calif. Chatbot Bill May Make AI Assistants Into Liabilities

  

  While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.

• Navigating Employee Social Media Use Amid Political Violence

  

  With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.

• Training AI On Books: A Tale Of 2 Fair Use Rulings

  

  Though two recent decisions from the Northern District of California concluded that training artificial intelligence with copyrighted books counts as fair use, certain meaningful differences in reasoning could affect pending and future cases, says Brett Carmody at Atheria Law.

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  NY Banking Brief: All The Notable Legal Updates In Q3

  

  Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.