Introduction -
As artificial intelligence (AI) technology advances, and companies invest hundreds of millions of dollars to stay ahead of the competition, the strategies for protecting the related IP have received...more
5/19/2026
/ Artificial Intelligence ,
Copyright ,
Copyright Office ,
Emerging Technologies ,
Innovation ,
Intellectual Property Protection ,
Machine Learning ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Trade Secrets ,
USPTO
A New York federal jury has delivered a blockbuster verdict against Papaya Gaming Ltd., awarding $420 million in damages to competitor Skillz Platform Inc. in a closely watched false advertising and unfair competition case...more
5/1/2026
/ Bots ,
Business Litigation ,
Competition ,
Consumer Fraud ,
Damages ,
Digital Platforms ,
Disgorgement ,
False Advertising ,
Gaming ,
Internet ,
Lanham Act ,
Mobile Apps ,
Online Gaming ,
Unfair Competition ,
Unfair or Deceptive Trade Practices ,
Video Games
Agentic AI commerce is here, and it is predicted to start scaling this year. We are talking about AI agents that can autonomously perform tasks for a user and can adapt over time as the agent learns more about the user, all...more
4/21/2026
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
E-Commerce ,
Emerging Technologies ,
Innovative Technology ,
Machine Learning ,
NIST ,
Online Platforms ,
Popular ,
Retail Market ,
Retailers ,
Risk Management ,
Supply Chain
A third court has now weighed in on AI privilege issues. Morgan v. V2X, Inc. (D. Colo. March 30, 2026). It found that AI-assisted litigation materials prepared via public AI tools are protected under Rule 26(b)(3) as mental...more
4/6/2026
/ Artificial Intelligence ,
Confidential Information ,
Corporate Counsel ,
Discovery ,
Discovery Disputes ,
Document Management ,
e-Discovery Professionals ,
Electronically Stored Information ,
Innovative Technology ,
Legal Technology ,
Machine Learning ,
Protective Orders ,
Rule 26(b) ,
Work-Product Doctrine
About eight years ago, toward the end of a panel I was moderating on cybersecurity, I turned to the panelists and asked them to tell me what to expect when quantum computing would come online. I got blank stares....more
4/2/2026
/ Cybersecurity ,
Data Security ,
Emerging Technologies ,
Encryption ,
Federal Contractors ,
Innovative Technology ,
National Security ,
New Regulations ,
NIST ,
Regulatory Requirements ,
Risk Management
The number of patents for quantum computing inventions is rapidly increasing as the industry increasingly moves towards greater commercialization. Patenting quantum computing inventions raises several recurring legal issues,...more
4/1/2026
/ Algorithms ,
Computer-Related Inventions ,
Emerging Technologies ,
Innovative Technology ,
Intellectual Property Protection ,
Patent Applications ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Software
For technology companies navigating the increasingly hostile terrain of software utility patent protection and Section 101 rejections, design patents have quietly become a more strategically important tools in the IP toolkit....more
3/18/2026
/ CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Design Patent ,
Graphical User Interface ,
Innovative Technology ,
Intellectual Property Protection ,
New Guidance ,
Patent Applications ,
Patent Examinations ,
Patents ,
Section 101 ,
Software ,
USPTO
On February 25, Connecticut AG William Tong released a memorandum explaining how existing Connecticut laws may apply to artificial intelligence systems used in activities such as tenant screening, employment decisions, credit...more
3/16/2026
/ Antitrust Provisions ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Civil Rights Act ,
Connecticut ,
Data Privacy ,
Data Security ,
Discrimination ,
ECOA ,
Innovative Technology ,
Machine Learning ,
Screening Procedures ,
State Attorneys General ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
As we close out January 2026, 2025 is firmly in the rearview mirror. And what a roller coaster it was. From AI developments to US state enforcement and legislation, it was a hard one to keep up with! The ground shifted under...more
2/25/2026
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
CIPA ,
Corporate Counsel ,
Data Breach ,
Data Privacy ,
Data Protection ,
EDPS ,
EU ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Machine Learning ,
New Guidance ,
Online Safety for Children ,
Personal Data ,
Personal Information
AI-driven “agentic commerce” is no longer theoretical. Today’s AI assistants can already search for products, compare options, populate shopping carts, check out, initiate payment, and make returns, all on behalf of a person...more
2/9/2026
/ Artificial Intelligence ,
Authentication ,
Compliance ,
Consent ,
Consumer Protection Laws ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
FinTech ,
Fraud ,
Online Platforms ,
Payment Systems ,
Regulatory Requirements ,
Risk Management ,
Subscription Services
On January 22, 2026, House Representatives Madeleine Dean (D-PA) and Nathaniel Moran (R-TX) introduced H.R. 7209, a bipartisan bill that could significantly reshape the relationship between copyright law and artificial...more
1/26/2026
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Disclosure Requirements ,
Intellectual Property Protection ,
Machine Learning ,
New Legislation ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Requirements ,
Subpoenas ,
Transparency
The U.S. Patent and Trademark Office (USPTO) has issued updated examination guidance (“New Guidance”) on inventorship in applications involving artificial intelligence (AI). The document rescinds and replaces the February 13,...more
12/1/2025
/ Artificial Intelligence ,
Corporate Counsel ,
Innovation ,
Inventions ,
Inventors ,
New Guidance ,
Patent Applications ,
Patent Examinations ,
Patent Filings ,
Patent Ownership ,
Patent Prosecution ,
Patents ,
USPTO
A New York court just decided some important preliminary motions (which I previously covered here in this post) involving allegedly unauthorized AI cloning of voice actors. The court reached a split decision, concluding...more
The use of AI recording tools has become prevalent. Companies’ policies addressing the legal issues with these tools is not yet as prevalent. If your company’s AI policy does not address these issues, it needs to be updated....more
Louisiana Gov. Jeff Landry (R) vetoed legislation that would have banned websites from conducting sweepstakes games that some say violate online gambling laws.
Senate Bill 181, which was passed by the Louisiana State...more
6/13/2025
/ Casinos ,
Enforcement ,
Gambling ,
Governor Vetoes ,
New Legislation ,
Proposed Legislation ,
Regulatory Agencies ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures ,
Sweepstakes
Maine’s Gambling Control Unit (GCU) has issued a formal warning regarding the proliferation of illegal interactive gaming (“iGaming”) platforms operating within the state. The warning emphasized that while certain forms of...more
6/11/2025
/ Casinos ,
Consumer Protection Laws ,
Digital Assets ,
Enforcement Actions ,
Gambling ,
New Regulations ,
Online Gaming ,
Regulatory Oversight ,
State and Local Government ,
State Attorneys General ,
Sweepstakes
We have previously posted on some of the recent legal issues with social casino sweepstakes. See Social Casino Sweepstakes Model is Under Fire – What Game Companies, Payment Processors and App Stores Need to Know. Various...more
6/10/2025
/ Casinos ,
Cease and Desist Orders ,
Consumer Protection Laws ,
Enforcement Actions ,
Gambling ,
Government Agencies ,
Illegal Gambling ,
New York ,
Online Platforms ,
State Attorneys General ,
Sweepstakes
For many reasons, existing open source licenses are not a good fit for AI. Simply put, AI involves more than just software and most open source licenses are designed primarily for software. Much work has been done by many...more
The Copyright Office released a “Pre-publication” version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights, was fired amid a shakeup at the Copyright Office. The...more
5/12/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Fair Use ,
Machine Learning ,
New Guidance ,
Regulatory Oversight ,
Technology ,
Transformative Use
On April 1, the Conference of State Bank Supervisors (CSBS) submitted a letter to the House Financial Services Committee expressing concerns with an introduced draft of H.R. 2392—the Stablecoin Transparency and Accountability...more
We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved,...more
In a recent post about legal issues with the social casino sweepstakes model, we indicated that a recent RICO lawsuit against a social casino sweepstakes model, which also named Apple and Google, was dismissed voluntarily by...more
The power of large language models (LLMs) that enables generative AI derives from vast quantities of data. Much of this data comes from scraping all forms of content from the internet. Despite the benefits, this practice...more
We recently wrote about the flurry of legal issues with the social casino sweepstakes model. Now, the New York State Senate Racing, Gaming, and Wagering Committee passed S5935, a bill that, if fully approved and enacted,...more
3/25/2025
/ Enforcement Actions ,
Financial Institutions ,
Gaming ,
New Jersey ,
New Legislation ,
New York ,
Online Gaming ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
RICO ,
Sweepstakes
The Federal Trade Commission recently requested public comment from users of tech platforms. In particular, the impact the platforms may have on user speech. Input is sought -by May 21- on the extent to which tech firms are...more
3/11/2025
/ Censorship ,
Comment Period ,
Competition ,
Digital Platforms ,
Federal Trade Commission (FTC) ,
First Amendment ,
Online Platforms ,
Privacy Laws ,
Regulatory Agenda ,
Social Media ,
Technology Sector