The Federal Trade Commission (FTC) has recently initiated an investigation into OpenAI. This development isn’t trivial, since it can be considered the most robust action taken against OpenAI since the unveiling of its Artificial Intelligence (AI) chatbot, ChatGPT, in November 2022. The regulatory scrutiny by the FTC intends to evaluate possible unfair or deceptive privacy…
In a recent development concerning Envestnet, a leading financial technology firm, a Delaware federal magistrate judge argued that the company’s attempt to evade accusations of illicitly acquiring FinApps’ trade secrets should, for the most part, be dismissed. The rationale for this recommendation rests on the existence of disputed evidence that necessitates a jury’s evaluation. The…
In a recent development, an Ohio Federal Judge is reported to have predominantly rejected initial victories in a high-stakes legal suit concerning copyright infringement and trade secrets. A robotics and technology firm, the plaintiff in this case, had filed a claim amounting to millions of dollars against a Swedish entity. The accusation was that this…
In a recent development, a Texas federal judge has dismissed a lawsuit aimed at PGA Tour Inc. The suit had accused the entity of infringing upon patents permitting spectators to monitor the real-time performance of individual golf players as they manoeuvre around the course during a tournament. The case, initially filed in West Texas, confronted…
In an era of digital domination, the tactile pleasure of leafing through a physical book remains a distinctive experience. Despite the wealth of e-books, audiobooks, and other digital reading tools at our disposal, there’s no better time to pick up an old-fashioned paperback than National Book Lover’s Day on August 9. This sentiment rings especially…
In an interesting development in the field of copyright law, the Ninth Circuit recently issued an opinion stating that Zillow, the popular real estate marketplace, infringed thousands of copyrights owned by a real estate photography studio. This critical opinion was presented as part of a podcast episode on The Briefing, led by Scott Hervey and…
The director of the U.S. Patent and Trademark Office has imposed penalties on a company challenging a key VLSI microchip patent, securing Intel a $2.2 billion jury verdict. The company under question is Patent Quality Assurance, which was brought before the Patent Trial and Appeal Board. This punitive action has been taken due to what’s…
On July 28, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023, which pertains to the interconnection procedures for both large (20MW and above) and small generating facilities (under 20MW). This was documented in an indicative summary by Troutman Pepper. As outlined by FERC in the Final Rule, the implemented reforms aim to address…
The U.S. Securities and Exchange Commission (SEC) is proposing amendments to a specific rule under the Advisers Act, touching those operating within the field of investment advising, according to recent reports. Targeting Rule 203A-2(e), or the “Internet Adviser Exemption,” the proposed changes aim to modernize the provisions. This rule provides an exemption to specific investment…
Law firms Dentons and Venable LLP are boosting investments in intellectual property expertise, each expanding their respective practices on different coasts of the United States. The legal landscape consistently shows an increased demand for specialized counsel as businesses across industries grapple with protecting their intellectual property amidst rapidly evolving technology and regulations. As reported by…
In the fast-paced world of business transactions, understanding the complex intersection of technology and the law is crucial. This is made evident by the technology, outsourcing, and commercial transactions team of Morgan Lewis, who often find themselves advising clients involved in transactions where intellectual properties are being transferred. Typically, these involve corporate transactions, cooperation and…
Although diversity, equity, and inclusion (DEI) efforts are being promoted across law firms and corporate legal departments, these initiatives appear to not be as effective as hoped for many Black women attorneys. An alarming proportion of these professionals have encountered or observed instances of discrimination or bias in their workplaces, as revealed by a recent…
On August 1, 2023, the United States’ Department of Homeland Security (DHS) released a new Form I-9. This comes as a replacement for the previous one, which was issued in 2019 and is set to expire on October 31, 2023. The DHS has also made an important announcement regarding certain revisions for remote verification procedures….
The Federal Trade Commission (FTC) has submitted a notice of proposed rulemaking, with the objective of expanding the Health Breach Notification Rule (HBNR) to include most health apps and similar technologies that are not governed by HIPAA (Health Insurance Portability and Accountability Act). The HBNR amendment proposition follows an effort to formalize the FTC’s Statement…
As global legal practitioners know, law intersects with many areas of life, from criminal justice to corporate transactions. Health care is one such area where this intersection is distinctly prominent. A noteworthy publication shedding light on recent trends and issues is the ‘Better Health Care Newsletter’, released in August 2023. One piece that attracted attention…
In a move signaling the continued trend towards greater responsibility and transparency in artificial intelligence (AI) deployment, several leading generative AI companies, including Meta, OpenAI, Microsoft, Google, Anthropic, and Inflection, have committed to voluntary guidelines proposed by the White House. These new guidelines aim to enhance the safety, transparency, and reliability of AI technology. As…
The Hong Kong Exchanges and Clearing Limited (HKEX) has implemented a revision to its listing rules that now removes the necessity for companies to declare any China-related risks when applying for a listing in the city. Prior to the change, Hong Kong issuers were required to include a summary of perceived risks pertaining to relevant…
The Inflation Reduction Act, commonly known as the IRA, has instigated several tax credit incentives that pertain to considerable investments in energy projects. A key credit among these is the section 48C investment tax credit, also known as the 48C Credit. Initially offered through the American Recovery and Reinvestment Act of 2009, this tax credit…
Recent news reveal a twist in the tale of the PFAS settlement case between 3M Company and a plaintiff class of municipal public water suppliers. Following a report in June boasting of the proposed blockbuster $10 billion-$12 billion settlement, the deal now faces objections from a significant coalition of 22 U.S states, led by Massachusetts….
The previous week’s litigation in London was marked by a flurry of legal activity. Law firm Hugh James instigated legal actions against Berrymans Lace Mawer LLP due to the guidance it provided to a medical group involved in a case over non-medical-grade silicone implants[1]. In more international news, Panasonic has lodged a patent claim against…
On July 3, 2023, the Office of Inspector General (OIG), a part of the US Department of Health and Human Services, put into motion a final rule outlining the use of Civil Monetary Penalties (CMP) against unlawful acts of information blocking. Implemented under the OIG’s jurisdiction, this rule authorizes CMPs of up to $1 million…
In the latest issue of Decoded – Technology Law Insights, an intriguing argument has been presented, positing that everyone should receive financial compensation for the data they share, which is then utilized in Generative AI platforms. This proposal confronts the traditional business model of AI companies, challenging the notion of freely available data being leveraged…
The aviation industry is on the brink of a significant transformation. Advanced Air Mobility (AAM), an umbrella term for a next-generation air transportation method for both people and cargo, is in the spotlight as it promises a sustainable way forward in the field. This new tech-driven leap is powered by emerging, innovative technologies. This article…
In a recent decision, as reported by JD Supra, a federal judge in the U.S. District Court for the District of Massachusetts ruled that a tenant screening algorithm is subject to the regulations of the Fair Housing Act (FHA), including the statute’s prohibition on racial discrimination in housing. The judge deduced that despite the company…
In a move signalling the growing domestic concern over the illegal export of sensitive U.S. technology to what it refers to as “nation-state adversaries”, the Department of Justice (DOJ) announced in February 2023 the establishment of the Disruptive Technology Strike Force (strike force). The novel initiative is a joint effort with the Department of Commerce…