Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

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".

The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

Quantum computing, like artificial intelligence, is one of several emerging technologies that could either save the planet or end the world, depending on which expert is holding forth on the issue. This article explores the promise and peril of quantum computing and the potential coverage implications under cyber insurance policies. As Cameron notes, "while cyber insurance may provide some coverage for hazards that result from quantum computing, those policies may not respond to many of the risks".

Machines Inventing Machines: Artificial Intelligence and Patent Law

January 12th, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , , |

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!

Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations

December 26th, 2023|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , |

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.

The Awesome Potential of Advanced Dispute Resolution

December 22nd, 2023|Categories: Complex Business Litigation, Corporate Compliance, ELP|Tags: , , , |

In this episode we talk to Rich Lee, founder of New Era ADR, about hot topics and issues involving what is referred to here as "Advanced Dispute Resolution", or ADR. What are the benefits of ADR? How can ADR enhance Access to Justice? How does employing ADR impact Accessibility, Diversity, and the Environment? What is the influence of Gamesmanship in legal proceedings? As Rich explains, "ADR is about rethinking litigation to make it more efficient for both sides. Get parties to be pragmatic, get to the point, present their arguments, and get it resolved". Listen now to learn more!

FTC v. Amazon: Market Definitions and Section 5 of the FTC Act

December 21st, 2023|Categories: Complex Business Litigation, Corporate Compliance, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , |

Traditional antitrust economics face significant challenges grappling with the relatively new digital economy. The author, Jonathan Rubin examines these and other issues raised in the case of FTC v. Amazon, which he anticipates will be a crucial test for antitrust and the FTC Act.

Latest on Software and AI Devices from the United Kingdom’s MHRA by Jackie Mulryne and Eleri Williams

October 6th, 2023|Categories: HB Risk Notes, Intellectual Property, Technology Law|Tags: , , , , |

In this article, the authors discuss new updates from the UK’s Medicines and Healthcare products Regulatory Agency on how software and artificial intelligence medical devices will be regulated in the United Kingdom after Brexit. Read and learn more!

Pixel Litigation Tests Old Privacy Law

September 21st, 2023|Categories: Class Actions, ELP, Technology Law|Tags: , , , |

New litigation alleging violations of the Video Privacy Protection Act -- which came well before online video streaming -- demonstrates how plaintiff attorneys are creatively applying traditional causes of action to litigate modern privacy issues in the absence of a federal law. Listen now for insights.

PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation

September 21st, 2023|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , |

PFAS claims are the next frontier of mass tort and environmental litigation. With the EPA poised to finally enact the first regulation of these chemicals, that frontier is ripe for exploration. This article explores PFAS and the origin of litigation around the substances as well as the state of PFAS litigation and regulation today. It concludes with some thoughts on what to expect when it comes to PFAS litigation going forward.

TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims

September 19th, 2023|Categories: Complex Business Litigation, Employment, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Since 2003, when Congress opened the door for human-trafficking victims to sue for civil damages under the Trafficking Victims Protection Act of 2000 (TVPRA), the TVPRA and similarly drafted state statutes have allowed for human-trafficking victims to seek civil damages against any party that has benefited from their trafficking. Given this expansive inclusion of third-party liability, more and more businesses, especially those in the hospitality industry, are ultimately the ones left to pay for the criminal acts of human traffickers. In this article, the authors, Coryne Leyendecker and Pamela Lee discuss the evolving litigation around human-trafficking claims and offer guidance on how businesses can build a foundation for their own defense while simultaneously helping prevent human-trafficking crimes from occurring in the first place.

The Use—and Abuse—of Rule 41(a) to Destroy Federal Question Jurisdiction Post-Removal

September 14th, 2023|Categories: Class Actions, Complex Business Litigation, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , |

The Authors John defends manufacturers in product liability litigation involving a range of products, e.g., ATVs, RVs, institutional chemicals, medical devices, and pharmaceuticals. From single cases to mass tort litigation and class actions, John has defended clients in courtrooms around the country. Michael is General Counsel of Thor Motor Coach Inc., a final-stage manufacturer of motor homes headquartered in Elkhart, Indiana. He is also an adjunct professor of commercial law at the Notre Dame Law School. Taryn focuses her practice on litigation. She has experience dealing with products liability, discovery issues, corporate structure and governance, wealth management, private and commercial lending, real estate, and Indian affairs for lobbying both on state and federal levels. Taryn contributed valuable research to this article. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. The Use—and Abuse—of Rule 41(a) to Destroy Federal Question Jurisdiction Post-Removal "A plaintiff seeking to divest the court of subject matter jurisdiction post-removal should at least comply with the requirements of the rule they have relied on. Glossing over those requirements undermines the purpose and intent of both the rule and removal statutes. The case should stay put in federal court in the [...]

Hair Relaxer Injury Litigation

September 9th, 2023|Categories: ELP, Environmental Torts, Mass Torts|Tags: , , , , |

Last year the Aylstock, Witkin, Kreis & Overholtz law firm filed the first class action against L’Oréal and Softsheen-Carson for injuries, primarily to Black women, allegedly caused by hair relaxers and straighteners. Now, many cases are consolidated in multidistrict litigation. Listen for unique insights from a leading plaintiff attorney.

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