Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke on the Emerging Litigation Podcast
What happens when artificial intelligence collides with copyright law? In this episode of the Emerging Litigation Podcast, intellectual property attorneys Ryan Phelan and Tiffany Gehrke of Marshall, Gerstein & Borun LLP unpack two landmark court decisions on fair use and AI training data. They explain why courts found AI training to be “transformative use,” how judges are treating legally obtained versus pirated data, and why algorithmic outputs could be the real battleground ahead. With deep expertise in technology and IP law, Ryan and Tiffany offer practical insights into how these rulings may shape the future of AI, copyright, and innovation.
AI and the Law: A Year-End Retrospective 2025 and Beyond | Webinar for CLE Credit
Artificial intelligence continues to reshape the legal landscape, bringing new litigation risks, evolving regulatory obligations, and complex governance challenges. In this CLE webinar, Abigail Damsky, Jamie O'Neill, and Seán McCabe of Anderson Kill examine the legal developments that continue to influence AI-related litigation and compliance, including privacy and biometric claims, copyright disputes, AI washing, algorithmic discrimination, product liability, antitrust concerns, and the expanding global regulatory framework. Gain practical insights into the cases, trends, and governance considerations that remain highly relevant for legal professionals advising clients on AI risk.
Why a Big-Law Litigator Went “Fractional”: Jonathan Sablone on Building Sablone Advisory
n this article based on a recent Emerging Litigation Podcast conversation, Tom Hagy explores why veteran litigator Jonathan Sablone left Big Law to launch a fractional legal services practice. The discussion examines litigation management, alternative fee arrangements, and the growing demand for experienced legal counsel on a flexible basis.
Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use
Federal courts in California just issued conflicting rulings on whether training AI models with copyrighted books qualifies as fair use. In Bartz v. Anthropic, the court protected training on lawfully purchased works but rejected the use of pirated copies. In contrast, Kadrey v. Meta allowed AI training on pirated books, calling it “highly transformative.” Tom Hagy explains that with more than 50 similar lawsuits pending, these decisions underscore the legal uncertainty facing tech companies, publishers, and creators—and could reshape the future of AI development and copyright law.
Copyrightability of AI Generated Work
Take this webinar featuring Perkins Coie LLP attorneys Lisa Ortiz and Sean West to gain a better understanding of the challenge of determining human authorship in AI-generated works, the guidance and disclosure rules established by the Copyright Office, the importance of addressing copyright ownership and usage rights in AI-related license agreements, and the implications of joint ownership of AI models and output. Learn about the categories of work in which AI is being applied in the practice of law, e.g., legal research, document drafting, deposition preparation, and discovery review. Understand the various risks associated with AI, e.g., biased and inaccurate outputs, unauthorized disclosures of private data, and intellectual property infringement. Get an overview of governmental regulation and guidance. Finally, start your journey to develop best practices in establishing AI governance teams and processes with an eye toward complying with regulations and mitigating risk. Check it out!
Trademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley Gordon
In this episode, we discuss three matters relevant to anyone watching copyright and trademark law, or anyone fond of branded t-shirts and fancy French beverages, with guests Tiffany Gehrke and Kelley Gordon, both Partners at Marshall, Gerstein & Borun LLP. Listen and learn more! Tom even (somewhat) learned how to say something in French. Mon dieu, people!
Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.
The ongoing case of Doe v. Github Inc. et al. addresses copyright-related issues inherent in the Copilot generative AI that allows users to enter prompts to generate software code. This case addresses many of the issues involved in the training and use of generative AI for generating software code. The author, Jeffrey Gluck examines these issues, which he anticipates will have far-reaching implications for AI-generated works in the future. As Jeffrey notes, "Github is a case that may have far-reaching implications for AI-generated works in the future".
Machines Inventing Machines: Artificial Intelligence and Patent Law
In this episode, we talk to Robert A. McFarlane of Hanson Bridgett LLP about artificial intelligence in the world of invention and questions raised in a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings - not machines - can be named as inventors under U.S. patent law. Listen and learn more!
AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability
AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability AI programs are now readily available for all. Stability AI, Lensa, and other AI image creation tools create original works of art, raising the question of IP protection for such art. The United States requires human authorship in order to obtain copyright protection, and so far, the U.S. Copyright Office has declined to grant copyright registrations for AI-created works of art based on a lack of human authorship (one of these decisions is being challenged in Thaler v. Perlmutter (D.D.C. filed June [...]
Artificial Intelligence Litigation Roundup
The ongoing rise of artificial intelligence (AI) is reshaping legal landscapes, with a surge in antitrust and copyright lawsuits challenging the way AI integrates into business and creative industries. Key cases target AI-driven pricing platforms like RealPage and Yardi Systems, with plaintiffs alleging these tools enable collusive price fixing and drive up costs in sectors such as real estate, healthcare, hospitality, and equipment rental by aggregating and sharing sensitive commercial data. Meanwhile, copyright battles have intensified as creators, publishers, and developers sue major tech companies—including Cohere, Stability AI, OpenAI, Meta, GitHub, Microsoft, and Google—over the unlicensed use of their works to train AI models. These lawsuits argue that using copyrighted material without consent threatens creators’ rights and business models, while defendants counter with fair use and public domain defenses. The outcomes of these pivotal cases will set crucial precedents on acceptable AI practices, copyright scope, and the use of data for training language models. As AI continues to advance, these legal battles will play a defining role in shaping the future of competition, creativity, and consumer protection across industries worldwide. Read an excerpt and click to the full story on the Mogin Law LLP website.
How Product Brands Navigate Today’s Dupe Economy with Tiffany Gehrke and Alexa Spitz
The rise of the “dupe economy” is changing how brands approach intellectual property enforcement. In this episode, Tiffany D. Gehrke and Alexa Spitz discuss how trademark law, trade dress, platform takedowns, and e-commerce enforcement strategies are evolving as copycat products spread rapidly across online marketplaces and social media.
Johnson & Johnson Advances $6.5B Texas Two‑Step Talc Settlement Plan
Read about Johnson & Johnson’s renewed $6.5 billion talc settlement effort through the “Texas Two-Step” bankruptcy strategy, and how the case may reshape mass-tort bankruptcy law, MDL practice, and corporate liability risk management. The article looks beyond the settlement amount to the deeper legal question of whether a solvent parent company can use Chapter 11 to centralize and cap tort exposure.
We Can’t Drive High, But Can We Own a Gun High? Supreme Court to Decide.
The U.S. Supreme Court has agreed to hear United States v. Hemani, a case that could redefine the how gun rights and drug policy peacefully co-exist. At issue is whether 18 U.S.C. § 922(g)(3)—which prohibits firearm possession by anyone who “is an unlawful user of or addicted to any controlled substance”—violates the Second Amendment as applied to cannabis users. Read about this precedents, counter positions, and a bit of history.
HB Artificial Intelligence Update Monday, Dec. 15, 2025 | Wrongful Death, Discrimination, Intellectual Property
The rapid advancement of AI technology continues to challenge courts, companies, and consumers. Read about recent developments that in-house counsel and litigators should be watching.
Artificial Intelligence on Your Trial Team with Adam Massaro on the Emerging Litigation Podcast
Artificial intelligence is quickly becoming a powerful asset for modern trial teams. In this episode of the Emerging Litigation Podcast, litigator Adam Massaro breaks down how AI is reshaping trial preparation—from sharpening expert cross-examinations to streamlining evidence management and elevating witness preparation. He explains why structured data and precise prompts are essential to unlocking AI’s full potential, and how these tools can help attorneys evaluate case strength, refine strategy, and anticipate challenges long before entering the courtroom. A must-listen for anyone integrating AI into litigation practice.
AI Survival Guide: Best Practices to Mitigate AI Litigation Risk
Organizations using artificial intelligence-based technologies that perform facial recognition or other facial analysis, website advertising, profiling, automated decision making, educational operations, clinical medicine, generative AI, and more, increasingly face the risk of being targeted by class action lawsuits and government enforcement actions alleging that they improperly obtained, disclosed, and misused personal data of website visitors, employees, customers, students, patients, and others, or that they infringed copyrights, fixed prices, and more. These disputes often seek millions or billions of dollars against businesses of all sizes. This webinar identifies recent trends in such varied but similar AI litigation, draws common threads, and discusses best practices that corporate counsel should consider to mitigate AI litigation risk. Our excellent speakers are Jerry Maatman and Justin Donoho of Duane Morris.
JEIL S24 Top Legal Risks with Generative AI by Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright
The authors, Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright discuss recent court cases which have brought to the forefront the top legal risks associated with the use of Generative AI.
Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations
The author, Darius Gambino of Saul Ewing LLP examines the legal and regulatory challenges surrounding loot boxes in video games, highlighting the risks of litigation, government scrutiny, and the need for industry self-regulation.
Big Tech’s Race to Develop Superior Artificial Intelligence Technology
Big Tech’s Race to Develop Superior Artificial Intelligence Technology Will A.I. Compromise Free Enterprise, Disclosure and Security? America’s Big Five tech companies – Amazon, Apple, Facebook, Google and Microsoft – are racing to develop technology they claim will change the world -- again. The tech Goliaths have more than 33,000 researchers at their disposal to create artificial intelligence (A.I.) technology with an obvious and perpetual prize: revenue. It's the talk of the world. NBC Nightly News recently predicted the impacts that A.I. will have on society in the coming years. A.I. tech was also the [...]
Can we rely on shareholders to compel corporations to meaningfully act on ESG issues? | By Rebecca Boon and John Rizio-Hamilton | Bernstein Litowitz Berger & Grossmann
The Authors Rebecca Boon has been litigating securities fraud and shareholder rights actions for over a decade, recovering more than $1.5 billion for the firm’s institutional investor clients. Her work at the firm expands beyond litigation. Rebecca has advanced equality in the workplace by co-founding the Beyond #MeToo working group and leading landmark recoveries that have resulted in hundreds of millions of dollars back to investors and important social change among industries. Contact: rebecca.Boon@blbglaw.com John Rizio-Hamilton is one of America’s top shareholder litigators. He works on the most complex and high-stakes securities class action cases, and has recovered billions [...]
The New Lloyd’s Market Association War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies | By Vincent J. Vitkowsky | Gfeller Laurie LLP
The Author Vince Vitkowsky is a partner in Gfeller Laurie LLP, resident in New York. He focuses on cyber risks, liabilities, insurance, and litigation. Vince assists insurers and reinsurers in product development, and in all aspects of coverage evaluation and dispute resolution in many lines of business, including cyber, CGL, property, and professional liability. He also assists in complex claim evaluations, and if necessary, the defense of insureds in complex matters. Vince is also a member of the Editorial Advisory Board for the Journal on Emerging Issues in Litigation. Contact: vvitkowsky@gllawgroup.com More from Vince and his colleagues. [...]
Top Class Actions’ Top Trends Affecting Class Actions in 2018
Editor's Note: This article was written by Kim Gale at Top Class Actions and is reprinted here with the permission of the publisher. Scott Hardy, the company's President & CEO, is one of the speakers featured at HB's Class Action Mastery conference May 9-11, 2018 in New York. Top Class Actions is sponsoring that event and its companion program, Mass Tort Med School, the same week. As we come close to rounding out the first quarter of 2018, it is clear that several class action lawsuit trends from 2017 will continue to ripple through the court system this [...]