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Software Corporate Counsel

Mintz - Privacy & Cybersecurity Viewpoints

FTC COPPA Enforcement - Still Alive and Well

Two recent high profile settlements signal that the Federal Trade Commission (“FTC”) will continue to aggressively enforce violations of the Children’s Online Privacy Protection Act (“COPPA”). In a particularly high-profile...more

BakerHostetler

Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance

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The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Newsrooms vs. Neural Nets: How Courts Are Handling DMCA Claims Against GenAI

The Digital Millennium Copyright Act (DMCA), a 30-year-old tool enacted to address the copyright implications of disrupting technologies, like Napster and Limewire, in the late 1990s, has found new utility in the age of AI....more

Lowenstein Sandler LLP

UPDATE: Organizations Using the Salesloft Drift AI Chat Agent Must Check It for Compromise

On August 28th, Mandiant issued an update to its previous Salesloft Drift advisory. Therein, Mandiant discussed that Salesloft issued a security notification on Aug. 26 regarding its Drift application. At that time, it...more

Morrison & Foerster LLP

Algorithmic “Collusion” Theories: Check Out Time or Extended Stay? Ninth Circuit Affirms Complaint Dismissal As Algorithm Scrutiny...

On August 15, 2025, the Ninth Circuit affirmed dismissal of a putative class action alleging Las Vegas Strip hotels used Cendyn Group’s revenue management software to artificially inflate prices in violation of Section 1 of...more

Patterson Belknap Webb & Tyler LLP

Algorithmic Price-Fixing Cases Reflect Exacting Pleading Standard

Last month, the U.S. District Court for the Northern District of California dismissed an antitrust lawsuit challenging several hotel chains’ use of AI software to suggest allegedly supra-competitive room rates. Dai v. SAS...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Offers Some Helpful Patent Eligibility Guidance

On August 11, in Powerblock Holdings, Inc. v iFit, Inc., the Federal Circuit offered at least two observations that can benefit patentees seeking patent protection for inventions involving software. First, the court noted...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Clarifies (Somewhat) the Antitrust Risk of Pricing Algorithms

On August 15, 2025, the U.S. Court of Appeals for the Ninth Circuit raised the bar for bringing antitrust claims against companies that provide or use pricing algorithms. The decision begins to clarify an area of antitrust...more

Shook, Hardy & Bacon L.L.P.

Ransomware Attacks Target SonicWall Firewall Vulnerability

Ransomware group Akira is believed to be behind a large number of attacks that appear to be tied to SonicWall firewalls with SSLVPN enabled. Over the past week, a large number of attacks by the ransomware group Akira have...more

Katten Muchin Rosenman LLP

Wise Up: UK Court Invalidates Broad Software Terms in Landmark Decision Post-SkyKick

Hot on the heels of our recent update on the UK Intellectual Property Office's (UKIPO) revised approach to bad faith objections (UKIPO/SkyKick), we now have the first, and eagerly anticipated, English court decision assessing...more

Mogin Law LLP

Artificial Intelligence Litigation Roundup: The First Wave

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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

Verrill

Maine Law Now Requires Limited Disclosures of Artificial Intelligence Technology

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Maine has joined the list of U.S. states requiring disclosures of Artificial Intelligence (A.I.) technologies. This is due to a new law signed by Governor Janet Mills on June 12, 2025, the Act to Ensure Transparency in...more

Morrison & Foerster LLP

Software Gains New Status as a Product Under Strict Liability Law

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

Orrick, Herrington & Sutcliffe LLP

New EU Directive Modernizes Defective Product Liability to Address New Technologies

The EU Commission has adopted Directive (EU) 2024/2853, which implements a comprehensive overhaul of the 1985 Directive 85/374/EEC on defective product liability (“New PLD”). The new framework, which complements Regulation...more

Sheppard Mullin Richter & Hampton LLP

Trump’s New Cybersecurity Executive Order: What Contractors Need to Know

On June 6, 2025, the Trump Administration released a new Executive Order (“EO”) on cybersecurity, Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity and Amending Executive Order 13694 and Executive Order...more

Bradley Arant Boult Cummings LLP

Understanding the Utah AI Act and Newly Effective Amendments: What Your Business Needs to Know

On May 7, 2025, the Utah Artificial Intelligence Policy Act (UAIP) amendments will go into effect. These amendments provide significant updates to Utah’s 2024 artificial intelligence (AI) laws. In particular, the amendments...more

Constangy, Brooks, Smith & Prophete, LLP

AI hallucinations cause bad trip for lawyers

And My Pillow may not get a soft landing. I've had artificial intelligence on the brain (get it?) this week, after seeing a recent high profile incident involving the lawyers for Mike Lindell, founder of My Pillow....more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

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On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

BakerHostetler

What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

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The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the...more

Husch Blackwell LLP

State AI Update: December 30, 2024

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Welcome to the second edition of Byte Back AI, a weekly newsletter providing updates on proposed state AI bills and regulations, an AI bill tracker chart, summaries of important AI hearings, and special features....more

Mintz

Patch, Investigate, and Defend: Critical and High Vulnerabilities in Cleo Managed File Transfer Solutions Reportedly Under Attack

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There is news coming from the U.S. cyber community for organizations that use Cleo’s software products: if your organization or your vendors use Cleo’s Cleo Harmony, VLTrader, or LexiCom products, you may be at heightened...more

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

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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

Vinson & Elkins LLP

Citing Loper, Fifth Circuit Declines Agency Deference, Overturns Sanctions Against Cryptocurrency Software

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On November 26, 2024, the Fifth Circuit issued an opinion in Van Loon v. Department of the Treasury that invalidated economic sanctions imposed by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) on...more

Jones Day

Radical Changes to Europe's Product Liability Rules Adopted

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Dramatic changes to EU product liability rules are expected to drive an increase in litigation....more

Alston & Bird

CISA, FBI, NSA, and International Partners Issue Joint Cybersecurity Advisory for Top Routinely Exploited Vulnerabilities in 2023

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On November 12, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”), the Federal Bureau of Investigation (“FBI”), National Security Agency (“NSA”) and certain international partners (including the Australian...more

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