Expert Analysis

• AI Considerations For Parties In The Creator Economy

  

  As artificial intelligence technology continues to shape the creator economy, it is crucial for players in the entertainment ecosystem to consider the legal and regulatory implications of AI-generated works, and stay on top of intellectual property ownership, license rights, rights of publicity and associated liability risks, say attorneys at Fenwick.

• Don't Forget Alumni Engagement When Merging Law Firms

  

  Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

• Grappling With A Bright-Line Patent Expert Admissibility Test

  

  Since the Federal Circuit required experts to meet the definition of a person of ordinary skill in the art before opining on an issue in Kyocera v. U.S. International Trade Commission last year, subsequent patent decisions applying Kyocera's expert admissibility test raise questions about a court's role as gatekeeper, say attorneys at Akin.

• Opinion

  Student Visas Should Allow Int'l Athletes' NIL Opportunities

  

  The U.S. Department of Homeland Security should heed a recent request by U.S. Sens. Richard Blumenthal and Chris Murphy, Democrats from Connecticut, for changes to visa regulations that would allow foreign student athletes to take full advantage of name, image and likeness opportunities without jeopardizing their immigration status, say Gabriel Castro and Tiffany Derentz at Berry Appleman.

• Without Stronger Due Diligence, Attys Risk AML Regulation

  

  Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

• Yuga Labs Win Shows TM Law Works Better For NFT Creators

  

  A California federal court's recent dismissal of copyright counterclaims in Yuga Labs v. Ripps, Yuga's enforcement action against third-party use of its non-fungible tokens, indicates that NFT creators should seek to enforce their rights under trademark — rather than copyright — law, say Thomas Brooke and Rodrigo Velasco Portal at Holland & Knight.

• What To Know About China's New AI Regulations

  

  With the passage of several recent measures, China has moved ahead of the Western world in regulating artificial intelligence, necessitating careful consideration from companies offering AI-enabled products and services in the country, say Peter Schildkraut and Hazel Zhang at Arnold & Porter.

• Every Lawyer Can Act To Prevent Peer Suicide

  

  Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

• Comparing Iowa's Data Privacy Law With Other States'

  

  Iowa’s recently signed data privacy law is intentionally more business-friendly than other U.S. state privacy laws — as it does not apply in the business-to-business contexts and does not have a private right of action — and further entrenches the main tenets of enhanced privacy in the U.S., say attorneys at Eversheds Sutherland.

• Building On Successful Judicial Assignment Reform In Texas

  

  Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

• FTC Proposal Greatly Widens Auto-Renewal Regulation

  

  The Federal Trade Commission's proposed rule on automatic renewal subscriptions would impose significant new obligations on sellers of negative option plans and expand the agency's enforcement powers, likely requiring companies to examine and change their practices, say attorneys at Squire Patton.

• Discerning Differences, Parallels In 2 Foreign Influence Laws

  

  Recent prosecutions and congressional reform efforts have put a spotlight on two foreign influence laws, and though both statutes share the same goal, understanding their differences is key to defending against such charges as enforcement continues to heat up, say attorneys at Arnold & Porter.

• Opinion

  Now Is The Time For Independent Industry Self-Regulation

  

  The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.

• How FTC Green Guides Update Would Alter Advertising Suits

  

  Review of the Federal Trade Commission’s Green Guides on environmental marketing claims could have important implications not just for enforcement under the FTC Act, but also for private rights of action such as false advertising challenges to alleged greenwashing in federal court and before the U.S. International Trade Commission, say attorneys at Ropes & Gray.

• Opinion

  Microsoft-Activision Merger Should Be Allowed To Proceed

  

  The Federal Trade Commission's recent complaint against the announced merger between Microsoft and Activision is flawed, and the merger should be allowed to proceed as it does not violate any existing antitrust laws, says James Skyles at Skyles Law.