Latest Publications

Share:

Gobble Up the Trademarks! A Thanksgiving Roundup

Thanksgiving is the start of the holiday season, a beloved time of the year where family and friends gather over delicious meals to share and create memories and to express love and gratitude. Thanksgiving also commences the...more

Some Stability For AI Defendants: Judge Dismisses All But One Claim in Andersen et. al., v. Stability AI LTD., et. al.

In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly...more

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

President Biden signed a comprehensive Executive Order addressing AI regulation across a wide range of industries and issues. Intellectual property is a key focus. The Order calls on the U.S. Copyright Office and U.S. Patent...more

Hands Off My Inventions! New York Imposes New Restrictions on Employment Agreements

On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees....more

What Do Michael Jordan and Sarah Silverman Have in Common? The End of AI as We Know It (According to the Makers of ChatGPT)

The latest briefing in Silverman v. OpenAI reads like that old REM song, “The End of the World as We Know It.” OpenAI has responded to the Plaintiffs’ claims that OpenAI’s popular platform ChatGPT has infringed their...more

A Toast to Diversity?:  Sean “Diddy” Combs’ Suit Against Diageo Heats Up

Seyfarth Synopsis: In May 2023, music and entertainment mogul Sean “Diddy” Combs, through his company, Combs Wines and Spirits LLC, commenced a lawsuit in New York Supreme Court alleging that Diageo North America, a...more

Digital Delusions: Libel Lawsuit Based on Alleged ChatGPT “Hallucination”

We’ve all heard about so-called AI “hallucinations,” when AI programs like ChatGPT make up “facts” that are not true.  For example, lawyers have gotten in trouble for citing fake AI-generated court cases. But could the...more

Famous Authors Clap Back at OpenAI’s Attempt to Dismiss Claims Regarding Unauthorized Use of Content for Training LLM Models

As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are...more

No Human, No Way: D.C. Federal Court Denies Copyright Protection for AI-Generated Art

In what appears to be the first court opinion to weigh in on the copyrightability of AI-generated art, the District of D.C. has blessed the Copyright Office’s position to date: only works created by humans deserve protection...more

California Court Casts Doubt on Copyright Claims Relating to AI Images

Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated...more

Update on the ChatGPT Case: Counsel Who Submitted Fake Cases Are Sanctioned

We previously wrote about the widely-publicized Southern District of New York case involving lawyers who submitted papers citing non-existent cases generated by the artificial intelligence program ChatGPT, Mata v. Avianca,...more

Supreme Court Confirms Automatic Stay When Motions to Compel Arbitration are Denied

The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of...more

Use of ChatGPT in Federal Litigation Holds Lessons for Lawyers and Non-Lawyers Everywhere

You may have recently seen press reports about lawyers who filed and submitted papers to the federal district court for the Southern District of New York that included citations to cases and decisions that, as it turned out,...more

Serving the USPTO Director in Actions Involving Non-US Companies: A Little-Known Provision of the Lanham Act

There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. 15 USC § 1051(e) provides that if a non-U.S. entity registers for a trademark in the United States without...more

Halkbank v. United States: Initial Read on the Supreme Court’s Decision on Foreign State Immunity from Criminal Prosecution

Yesterday, the Supreme Court issued its decision in Turkiye Halk Bankasi A.S., aka Halkbank v. United States. This groundbreaking case represents the first known attempt by the United States (or likely any state in modern...more

New York State Court Decision Provides Practice Guidance for Sovereigns and Landlords

As we’ve previously written, complications arise for foreign sovereigns (States) and private companies when they structure commercial transactions. States prefer to hold as much of their immunities as is possible, while...more

Second Circuit Clarifies Standard for Attachment in Aid of Arbitration

The Second Circuit on August 5 clarified the standard for attachment in aid of arbitration – in this case an international arbitration and assets of a Lebanese bank held in New York. In Iraq Telecom Limited v. IBL Bank...more

Ninth Circuit Weighs In On Section 1782 Issue That Has Split Federal Courts

As we’ve previously written , 28 U.S.C. § 1782 is a useful federal statute that allows overseas litigants to obtain discovery through U.S. federal courts for use in the overseas litigation. With respect to adjudication of...more

The Future of Bilateral Investment Treaty Arbitrations in the European Union

The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...more

Texas Supreme Court Confirms that HouseCanary Must Fly Toward a $201 Million Judgment or a Retrial

On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court’s decision, (which we previously wrote about here), which nixed the plaintiff’s $740 million trade secret win at trial and required the plaintiff to...more

US Supreme Court Clarifies the Scope of 28 U.S.C. § 1782

The federal statute 28 U.S.C. §1782 allows litigants in a foreign proceeding to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use has been...more

Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction

A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights...more

Federal Court Addresses Central Bank Immunity and Authority to Waive Under Foreign Sovereign Immunities Act

In recent weeks sanctions against Russia’s central bank have prompted renewed buzz around the issue of sovereign immunity. The interpretation of the Foreign Sovereign Immunities Act (“FSIA”), specifically with relation to...more

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more

Recent Decision Holds That Failure to Timely Follow Up On Objections to Discovery Requests Does Not Waive Discovery

Recently, a federal Special Master in the District of New Jersey addressed whether a requesting party waives its right to relevant and discoverable documents when it fails to timely follow up on the responding party’s...more

99 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide