The Bottom Line Two pending lawsuits are among the recently filed cases that will test how copyright law will be applied to AI.Given the novelty and rapidly evolving nature of GAI, individual creators and companies using GAI need to tread carefully to avoid claims of infringement and to protect Continue Reading
NLRB Finds Confidentiality and Non-Disparagement Clauses in Severance Agreement Unlawful
The Bottom Line The National Labor Relations Board has ruled that inclusion of confidentiality and non-disparagement provisions in separation agreements is unlawful.Employers should consult with counsel on how to update their agreements in light of this decision.It is unclear whether inclusion of Continue Reading
Jury Awards Six-Figure Damages to Hermès in First Major NFT Decision
The Bottom Line Brands should monitor whether and how their trademarks are being used in new technologies and know that such use is still subject to traditional principals of trademark law.Creators should be aware of the limits of First Amendment protection, particularly when dealing with Continue Reading
The FTC Enforces its First Fine Under the Health Breach Notification Rule
The Bottom Line The FTC is showing that it intends to be more active regarding the misuse and exploitation of sensitive personal information. Companies that use health information should take precautions to protect consumer data and provide proper disclosures when sharing health information with Continue Reading
The FTC’s Sweeping Proposal to Ban Non-Competes
The Bottom Line In the three weeks since the proposed rule was released, the FTC has received over 5,600 comments, and many more are expected from interested individuals, companies, industry groups and trade associations.Until the final rule, if any, is implemented, companies should continue to Continue Reading
Top 10 Advertising and Marketing Issues for 2023
The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading
Be Smarter Than Harvard: Comply with Your Insurance Policy’s Reporting Requirements
The Bottom Line A recent federal court decision may cost Harvard University millions of dollars and serves as a reminder to policyholders to adhere to the notification requirements of both their primary and excess insurance policies.While the decision is based on one policy type and one kind of Continue Reading
Revised Colorado Privacy Act Rules
The Bottom Line While companies are working to update their privacy notices and internal practices in light of the new California and Virginia laws that went into effect on January 1, 2023, they should consider additional issues covered by Colorado’s law.Colorado’s rules are not yet final, so we Continue Reading
2023 Top Privacy Issues: New Laws & Expanded Enforcement
The Bottom Line As new state privacy laws go into effect in 2023, companies need to ensure compliance with an ever growing list of obligations.Expect regulators to keep cracking down on dark patterns and privacy violations, including noncompliance with these new privacy laws. Privacy laws Continue Reading
For Compete’s Sake! Delaware Court Declines to Enforce Sale-of-Business Restrictive Covenants
The Bottom Line “Courts disfavor restrictive covenants.” This statement has become axiomatic in employment law, and it has never been truer. In the past several years, judges in various jurisdictions have cast an increasingly critical eye on agreements that purport to restrict employees’ Continue Reading