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Open Books, Narrow Rulings: The Northern District of California Grants AI Companies a Limited Fair Use Victory

Since generative AI began its rapid ascent in 2022, the creative, tech and legal industries have grappled with a fundamental question: does using copyrighted works to train AI models violate the rights of creators, or does it...more

Trademark Scams Alert: Recognizing and Responding to Evolving Threats

Trademark scams are on the rise, again. In the five years since we initially published this advisory, scammers have honed their tactics, using advanced technology to distribute misleading solicitations and invoices related to...more

Companies Turn to Trade Secret, Patent, Copyright to Mitigate Risks from FTC Non-Compete Ban

On April 23, 2024, the Federal Trade Commission narrowly approved a rule banning most non-competition agreements. The rule, set to go into effect on September 4, 2024, prohibits employers from including non-compete provisions...more

Are Syndicated Term Loans Securities? The Second Circuit Says No.

On August 24, 2023, the Second Circuit Court of Appeals determined in the highly anticipated case, Kirschner v. JP Morgan Chase Bank N.A., et al., that syndicated term loans are not securities. The Court upheld the district...more

Supreme Court Rules U.S. Trademark Law Does Not Apply to Foreign Conduct

On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., the U.S. Supreme Court ruled that the Lanham Act does not have an extraterritorial scope and applies only in cases where the alleged infringing “use...more

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