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Compliance Risk After SEC Warning Against ‘AI Washing’
Bracewell’s David Shargel, Rachel Goldman and Patrick Morley write about the enforcement priority coming in 2024 as a result of a breakout year for generative artificial intelligence, with businesses of every kind racing to adopt AI tools. Companies and their compliance programs must take steps now to avoid costly regulatory sanctions and shareholder lawsuits.
What is AI Washing? The SEC’s Latest Target
Is AI the new green? Recent comments by Securities and Exchange Commission Chair Gary Gensler suggest the regulator is primed to begin turning its enforcement efforts against so-called “AI washing,” presenting a new area of risk for some companies that...
An Evil Bear May Provide High Court TM Ruling Clarification
The US Supreme Court’s recent ruling in Jack Daniel's v. VIP Products leaves unanswered questions about the intersection of the First Amendment and trademark rights, which may be answered by the reconsideration of a dismissed case involving Disney and Lotso the bear from "Toy Story 3."
Unanimous Supreme Court: Consumer Confusion Is Trademark Infringement Test, Even for Punny Parodies
It may be punny or even funny, but a unanimous Supreme Court has decided that the “Bad Spaniels” dog-toy brand may infringe and dilute the “Jack Daniel’s” trademark. [1] Last week’s opinion puts an end to the toy maker’s attempt...
Warhol Decision May Lead to Copyright Licensing Spike
Artists beware—it’s not how hard you work but how differently you use the art that really matters. In the majority decision that governs, and as such, artists and copyright owners must now keep in the forefront of their minds the potential future uses of a work when evaluating whether the new creation is fair use or unlawfully derivative.
Supreme Court Rules Andy Warhol’s Famous “Orange Prince” May Be Copyright Infringement
Today, in an opinion that purports to be narrow but will have sweeping implications, the Supreme Court ruled that Andy Warhol’s well-known “ Orange Prince ” illustration is not a transformative fair use of Lynn Goldsmith’s photograph of Prince. [1]...
Not So Fast—NCAA Issues NIL Guidance Targeting Booster Activity
Recently, the NCAA Division I Board of Directors issued guidance to schools concerning the intersection between recruiting activities and the rapidly evolving name, image, and likeness legal environment (see Bracewell’s earlier reporting here ). The immediately effective guidance was in...
Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split
The U.S. Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a “transformative” fair use of the copyrighted Lynn Goldsmith photograph that Warhol used as source material (see Bracewell’s earlier...
A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA
The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college athletes opens up new opportunities...
Cruisin' for a Bluesin': Timeless Titans Tangle Over Smart-Car Technology Brands
Two titans of the American automotive industry are locking horns over branding for automated driving technologies, underscoring the importance of brand clearance before marketing and selling a new product or technology. GM and its subsidiaries Cruise LLC and GM Cruise...
The Future of Carbon Capture, Utilization and Storage Projects
Code Section 45Q and Proposed Amendments: Elizabeth McGinley Permitting Requirements for CCUS: Jeff Holmstead Land Rights for CCUS: JJ McAnelly and Austin Lee Contractual Arrangements for CCUS: Patrick Johnson CCUS Innovation and IP Due Diligence: Brad...
ESG Seminar: Best Practices for M&A and Quick Hits on In Different Disciplines
ESG Considerations and Best Practices for Mergers and Acquisitions - Ben Martin Quick Hits on ESG Issues in Different Disciplines Cybersecurity Strategic and Crisis Communication - Scott Segal Labor Environmental - Matt Paulson Executive Compensation - Matthew Grunert Intellectual Property...
Avoid a Fall Out With the Feds: Planning for Increased Cyber Regulations
The cyber landscape is changing once again, in terms of impact, policy and potential exposure. In the wake of the Colonial Pipeline hack , the Biden administration released a long-awaited Executive Order intended to strengthen US cybersecurity infrastructure. The order...
Artists Beware—Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph
In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith , 1 the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright owners. The Court held...
Privacy Shield Invalidated by ECJ
On Thursday , July 16, the European Court of Justice (ECJ) ruled that the EU-US Privacy Shield is invalid. The ruling stems from the complaints filed with the Irish supervisory authority by Max Schrems regarding the transfer of his data...