Emerging Litigation Podcast
Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill
The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. In this episode, three seasoned attorneys discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. They also talk about a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact. Check out our interview with Anderson Kill attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold. They know this area of the law inside and out.
Last Days of Patent Eligibility Confusion with Ryan Phelan
In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!
IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick
In this episode, we discuss the evolving landscape of NFTs – or non-fungible tokens – which have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!
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Emerging Litigation Journal
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.
Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability
Social media platforms are under mounting legal pressure as courts scrutinize how algorithms amplify dangerous viral trends. In Nazario v. ByteDance Ltd., a New York judge allowed a wrongful death lawsuit against Meta and TikTok to move forward after a teen died attempting a “subway surfing” stunt allegedly promoted by their platforms. In this article, Tom Hagy examines how the decision challenges long-standing Section 230 protections and signals a shift toward treating social media as potentially defective products when design and targeting harm young users. This case—and others involving viral challenges and youth safety—may redefine platform liability for years to come.
Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility
The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.
HB Webinars on CeriFi LegalEdge
Resolving Litigation with AI with Jeff Trueman & John T. Sly
Join full-time mediator and arbitrator Jeff Trueman and practicing attorney John Sly for a CLE webinar focused on enhancing your understanding of how AI can assist with your work, specifically how it can be used to handle disputes more efficiently, facilitate improved decision-making, and leverage predictive capabilities to achieve optimal outcomes in dispute resolution.
Defense of Data Breach Class Actions: Key Trends, Rulings, and Settlements
Data breach class actions have emerged as one of the fastest growing areas in the complex litigation space, forcing companies to navigate evolving cybersecurity risks, negative publicity, and costly litigation as a result. Litigation was particularly notable in 2023, with a record-breaking number of filings and several high-profile cases resulting in substantial settlements. The sheer volume of individuals affected by data breaches has grown significantly, leading to larger classes and subsequently higher settlement demands. Furthermore, the nature of the data being compromised is becoming more sensitive – including financial and health information – which increases the potential damages awarded in these cases. Join experienced class action defense litigators Gerald L. Maatman, Jr. and Jennifer A. Riley for a high-level breakdown of the data breach class action landscape through analysis of key trends, rulings, and litigation strategies.
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!
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