The Commercial Division Advisory Council (“Advisory Council”) is consistently looking to implement and amend new rules to enhance practice in the Commercial Division. On June 11, 2025, the Advisory Council proposed adding a new Rule 6(e) to the Rules of the Commercial Division. The proposed Rule 6(e) governs the use of generative artificial intelligence (“GenAI”)
Court Rules AI Training is Fair Use
Just days after the first major fair use ruling in a generative-AI case, a second court has determined that using copyrighted works to train AI is fair use. Kadrey et al. v. Meta Platforms, No. 3:23-cv-03417-VC (N.D. Cal. June 25, 2025).
The Kadrey v. Meta Platforms Lawsuit
I previously wrote about this lawsuit here
Trump’s Drone Duet: Executive Orders Cracking Down on Threats While Boosting U.S. Drone Leadership
On June 6, 2025, President Donald Trump signed two executive orders aimed at significantly reshaping the future of drone policy in the United States. One focuses on protecting national airspace from malicious drone threats, while the other seeks to supercharge the U.S. drone industry at home and abroad.
Together, these orders paint a clear picture
AI OK; Piracy Not: Bartz v. Anthropic
A federal judge has issued a landmark fair use decision in a generative-AI copyright infringement lawsuit.
In a previous blog post, I wrote about the fair use decision in Thomson Reuters v. ROSS. As I explained there, that case involved a search-and-retrieval AI system, so the holding was not determinative of fair use
Tone Portrait: Artificial Intelligence and MD&A
As I have noted in recent posts (most recently, for example, here), the proliferation of AI in many industries is changing the way business gets done. According to a new study, AI could also be changing the language companies use to report to regulators and to communicate with their investors, in ways that potentially
TRAIGA: Key Provisions of Texas’ New Artificial Intelligence Governance Act
On May 31, 2025, the Texas Legislature passed House Bill 149, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA). TRAIGA sets forth disclosure requirements for government entity AI developers and deployers, outlines prohibited uses of AI, and establishes civil penalties for violations. On June 2, 2025, the bill was sent to the governor of
Reddit Downplayed Impact of Google’s AI-Related Changes, Suit Alleges
In recent months, a number of companies have been hit with AI-washing securities class action lawsuits alleging that the defendant companies overstated their AI-related capabilities or opportunities (such as, for example, the securities suit filed late last week against Tempus AI, as discussed here). While there have been quite a number of AI-washing related
AI Governance Policy: What Your Business Needs to Know
AI Governance Policy: What Your Business Needs to Know by Kristina Jonica
AI Governance Policy: What Your Business Needs to Know
Why AI Governance Is a Business Imperative
AI can boost productivity, automate decisions, and create innovative experiences. But it also introduces legal and ethical risks — from algorithmic bias to data privacy violations. An
Guest Post: 23andMe and D&O Liability
In recent weeks, the business pages have been full of stories concerning the genomic testing company 23andMe, in particular with respect to privacy issues and the company’s bankruptcy. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, considers potential D&O liability issues that recent developments
When More Is Less: Information Overload in AI-Driven Finance
Large language models (LLMs) are rapidly becoming integral to financial analysis, from parsing earnings calls to predicting stock market reactions to news. But a critical question remains: When we feed these models more information, do they perform better? Our recent study suggests, not necessarily. We document a structural limitation of LLMs in financial tasks, a