Popular, Corporate Counsel, Software

Artificial Intelligence Litigation Roundup: The First Wave

Mogin Law LLP on 7/18/2025

It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...more

Software Gains New Status as a Product Under Strict Liability Law

Morrison & Foerster LLP on 6/19/2025

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant...more

CJEU Clarifies Copyright Protection for Software Variables

Jones Day on 12/10/2024

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Troutman Pepper Locke on 6/14/2024

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Full Steam Ahead for Cartel Enforcement in 2024

Morrison & Foerster LLP on 4/4/2024

As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

Generative AI - Copyright Overview Part 1

Venable LLP on 2/9/2023

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

US Drops New Export Controls on the Chinese Semiconductor, Advanced Computing, and Supercomputer Industries

ArentFox Schiff on 10/11/2022

On Friday, October 7, 2022, the Bureau of Industry and Security (BIS) released an interim final rule containing an enormous set of export controls that will likely damage the Chinese semiconductor, advanced computing, and...more

New Zero-Day Vulnerability for Log4j is the Next Cybersecurity Nightmare

McDermott Will & Schulte on 12/13/2021

On December 10, 2021, multiple media outlets, the Cybersecurity and Infrastructure Security Administration (CISA), and the director of cybersecurity at the National Security Agency (NSA) began alerting to a significant...more

BIS Releases Interim Final Rule on Export Controls for Cybersecurity Items

Morrison & Foerster LLP on 11/5/2021

After several years of foreign and domestic negotiations surrounding controls on intrusion software, the U.S. Department of Commerce’s Bureau of Industry & Security (BIS) published an interim final rule on October 21, 2021,...more

Intrusion Preclusion: BIS Issues Long-Awaited Controls on Cybersecurity Items, Creates New License Exception

Wilson Sonsini Goodrich & Rosati on 10/28/2021

On October 21, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (the rule) implementing expanded export controls on cybersecurity items based on the belief that these items...more

Google v. Oracle: What We Learned from Oral Argument

Dorsey & Whitney LLP on 10/22/2020

On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

Avoiding Claims Under The Computer Fraud And Abuse Act In Connection With Software And Firmware Updates

Morrison & Foerster LLP - Social Media on 10/21/2020

A recent ruling in Parziale v. HP, Inc., arising out of the implementation by Hewlett-Packard (“HP”) of a remote firmware update on many models of the company’s printers, highlights the potentially broad application of the...more

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

Akin Gump Strauss Hauer & Feld LLP on 9/21/2020

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Ransomware Attack Replacement Costs Are Covered “Direct Physical Loss or Damage” Under Standard Business Owner’s Policy, According...

Carlton Fields on 3/6/2020

A Maryland federal court recently weighed in on the still-murky world of insurance coverage for cybersecurity losses, finding replacement costs necessitated by a ransomware attack were “direct physical loss or damage” to a...more

United Kingdom Establishes IoT Security Principles

Morgan Lewis on 3/22/2018

The UK government recently released a policy paper outlining proposed requirements for makers of Internet of Things (IoT) devices to take certain actions to better protect IoT devices from growing cybersecurity threats....more

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

Proskauer - New Media & Technology on 2/24/2017

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

No Harm, But Foul? FTC Sues Internet of Things Maker D-Link for Security “Vulnerabilities” Despite No Allegations of Breach

Orrick, Herrington & Sutcliffe LLP on 2/6/2017

Shortly after the new year, the Federal Trade Commission filed suit in the Northern District of California against D-Link Corporation, a Taiwan-based maker of wireless routers, Internet Protocol (IP) cameras, and software...more

Copyright: Europe Explores Its Boundaries - CJEU Draws the Line with the Resale of Back-Up Copies of Computer Programs

Morrison & Foerster LLP on 10/31/2016

Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs. The Court of...more

Fifth Circuit Affirms $15 Million Trade Secret Award

Fish & Richardson on 10/14/2016

On September 7, 2016, the Fifth Circuit in GlobeRanger Corp. v. Software AG affirmed a $15 million judgment in a trade secret case. Although much of the opinion focused on jurisdictional issues, the portion of the opinion on...more

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

BakerHostetler on 9/10/2015

Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more

Federal Circuit Strengthens ITC's Authority to Police Importation

Bracewell LLP on 8/18/2015

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Morrison & Foerster LLP - Social Media on 8/17/2015

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

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