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Disclaimers Corporate Counsel

Proskauer - New Media & Technology

Agentic Artificial Intelligence: Looking Ahead to Potential Practical and Legal Issues When AI Gets Autonomous

Generative AI has been most synonymous in the public mind with “AI” since the commercial breakout of ChatGPT in November 2022. Consumers and businesses have seen the fruits of impressive innovation in various generative...more

Troutman Pepper

Court Grounds the Use of Unbargained-for Warranty Disclaimers

Troutman Pepper on

The Pennsylvania Superior Court’s decision in Allen-Myland, Inc. will likely increase liability exposure for manufacturers. In a case of first impression, the Pennsylvania Superior Court recently rejected the...more

Miles & Stockbridge P.C.

Disclaimer in Top-Hat Plan Could Save Millions for Employer

Do you have a top-hat plan? That’s a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees...more

Parker Poe Adams & Bernstein LLP

NLRB Says Agreement's Failure to Advise Employee of Right to File Claims with Board Violates Federal Labor Law

Over the past several years, the Equal Employment Opportunity Commission has sued several employers, claiming that their failure to explicitly advise employees that releases provided in conjunction with severance benefits...more

Nutter McClennen & Fish LLP

Federal Circuit Affirms High Standard to Find Patentee Disclaimer

In a decision likely to be lauded by patent applicants and owners, the Federal Circuit recently issued an opinion that affirms its staunch position that the bar to prove a patent owner made a disclaimer that impacts the claim...more

McDermott Will & Emery

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

McDermott Will & Emery on

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

Proskauer - New Media & Technology

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

Jackson Walker

Confidentiality Agreements: How To Draft Them And What They Restrict

Jackson Walker on

I. Confidentiality Agreements And Their Effects Are Evolving - A confidentiality agreement (also sometimes called a non-disclosure agreement or “NDA”) is typically the first stage for the due diligence process in a...more

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