In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more
7/18/2023
/ Artificial Intelligence ,
Business Model ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright Infringement ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Getty Images ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Privacy Laws ,
Putative Class Actions ,
Software ,
User-Generated Content ,
Web Scraping
A class action complaint filed recently against Foot Locker, Inc. in New York alleges that the footwear retailer is misleading consumers into believing that products are scarce or about to sell out, when that is not in fact...more
In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of...more
6/16/2023
/ Artificial Intelligence ,
California ,
Coding ,
Copyright Infringement ,
Data Breach ,
Infringement ,
Licenses ,
Machine Learning ,
Motion to Dismiss ,
Open Source Software ,
Popular
Last week — in separate actions over the course of 48 hours — the US Securities and Exchange Commission (SEC) filed lawsuits against crypto asset platform operators Binance (including related entities and founder Changpeng...more
For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making...more
6/13/2023
/ Artificial Intelligence ,
Compensation ,
Confidentiality Agreements ,
Data Security ,
Hospitality Industry ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Popular ,
Reliability Standards ,
Software
Generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing...more
6/8/2023
/ Artificial Intelligence ,
Confidentiality Policies ,
Data Security ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Compensation ,
Intellectual Property Protection ,
Machine Learning ,
Nonprofits ,
Open Source Software ,
Popular ,
Regulatory Agencies ,
Reliability Standards ,
Software Developers ,
Trade Associations ,
User-Generated Content
On May 5, 2023, New York Attorney General Letitia James announced a landmark bill — the Crypto Regulation, Protection, Transparency, and Oversight (CRPTO) Act — that, if passed, would dramatically tighten regulation on...more
5/23/2023
/ Broker-Dealer ,
Conflicts of Interest ,
Cryptocurrency ,
Digital Assets ,
Financial Statements ,
Fraud ,
Investment Adviser ,
Investors ,
New York ,
Proposed Legislation ,
State Attorneys General ,
Transparency
On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more
An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more
1. Consumer Law Reforms -
2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more
4/4/2023
/ Artificial Intelligence ,
Automatic Renewals ,
Cryptoassets ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Influencers ,
Non-Fungible Tokens (NFTs) ,
PFAS ,
Popular ,
Privacy Laws ,
Product Packaging ,
Proposition 65 ,
ROSCA ,
Subscription Services ,
Toxic Chemicals ,
Unfair or Deceptive Trade Practices
With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game....more
On the heels of recent legal setbacks and challenges for NFT collections offered by Dapper Labs and DraftKings, the New York Attorney General (NYAG) filed suit in New York state court against the parent companies of...more
Valuation is a key element in bankruptcies. Generally, a higher valuation of a bankrupt firm means larger creditor recoveries, and a higher valuation of pre-petition collateral means a smaller “adequate protection” package...more
The Copyright Office indicated that material created using AI may be copyrightable if a human author sufficiently controls the creative process.
Less than a month after denying copyright protection to AI-generated...more
On March 9, 2023, a putative class action was filed against DraftKings Inc. for alleged violations of federal securities laws in the US District Court for the District of Massachusetts. The class, if certified, will include...more
On February 22, 2023, the United States District Court for the Southern District of New York, in a 64-page opinion, denied a motion to dismiss filed by Dapper Labs, Inc., the developer behind the NBA Top Shot NFT platform,...more
The Federal Trade Commission (FTC) has taken action under the “Made in USA” labeling rule against Instant Brands for falsely claiming that its Pyrex-brand glass measuring cups were manufactured in the United States....more
Courts across the United States are grappling with the application of traditional legal principles to "Web3” technologies and tools, such as blockchain, NFTs, and decentralized autonomous organizations (DAOs).
Among other...more
With the US Copyright Office (USCO) continuing their stance that protection only extends to human authorship, what will this mean for artificial intelligence (AI)-generated works — and artists — in the future?
Almost...more
With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more
1/31/2023
/ Blockchain ,
CFTC ,
Class Action ,
Compliance ,
Customer-Loyalty Programs ,
Data Privacy ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
DMCA ,
Enforcement ,
Federal Trade Commission (FTC) ,
ICANN ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Professional Development ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
As concerns about perfluoroalkyl and polyfluoroalkyl substances (PFAS) continue to grow, state legislators are taking action. After an initial wave of laws prohibiting the use of PFAS in firefighting products and food...more
A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more
The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more
Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a class action against 11 athletes and celebrities who promoted FTX in advertisements...more
The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes...more