These days there are two topics that dominate legal conferences, presentations, and CLEs: artificial intelligence (AI) and Loper Bright. You will doubtless see us frequently bloviate about the former, but today’s case – American Clinical Laboratory Ass’n v. Food and Drug Administration, 2025 U.S. Dist. LEXIS 59869, 2025 WL 964236 (E.D. Tex. March 31, 2025) –
Choosing Between Artists and the Algorithm
I’ve been thinking about the clash between generative AI and copyright law, particularly in light of OpenAI’s claim that restricting access to copyrighted material could end the AI race altogether.
It’s a provocative statement. But it’s also a false binary. Because we’ve been here before – at the edge of a new medium, a
The Role of Generative Artificial Intelligence in Patent Litigation: A New Frontier for Inventorship, Infringement and Validity
As generative artificial intelligence (AI) continues to transform industries, its impact on patent law is raising critical legal questions. From the recognition of AI as an inventor and potential infringement risks posed by the AI-generated outputs to the use of AI in patent validity challenges, the legal landscape is rapidly evolving. This article explores how generative AI
MHRA Consultation on Individualised mRNA Cancer Immunotherapies – Unique opportunity for a streamlined risk based regulatory framework?
The UK’s Medicines and Healthcare products Regulatory Agency (“MHRA”) is seeking industry feedback on its new draft guideline on individual messenger ribonucleic acid (“mRNA”) cancer immunotherapies (the “Draft Guidance”). Building on the success of mRNA vaccine technology in response to the Covid-19 pandemic, the technology is now being adapted to target diseases such as cancer.
Cybersecurity and Solar Power Vulnerability
As noted here in November 2021 and October 2023, the renewable energy sector faces growing concerns over its vulnerability to cyberattacks. Since then, the situation has not improved; the U.S. electrical grid has grown more vulnerable to cyberattacks,[1] with domestic utilities experiencing a 70% surge in cyberattacks in 2024.[2]
Revenue Management Software, AI, and Price Fixing Implications for Agriculture
One of the ways that artificial intelligence (AI) has been marketed to agricultural business owners is as a tool to improve market competitiveness. AI platforms promise to deliver real time market insights in a way that humans never could, since AI has the ability to analyze much larger datasets than any single person. This post
FDA Dumps Trio of Device-Related Guidances Prior to Administration Change
Among the wave of guidance documents issued by the U.S. Food and Drug Administration (“FDA” or the “Agency”) in the first week of 2025 were three notable draft guidance documents pertaining to medical devices (together, the “Draft Guidances”). The Draft Guidances hit on the topics of in vitro diagnostic (“IVD”) devices, artificial intelligence (“AI”) enabled
Researcher gets $150,000 grant to use AI for Salmonella detection in onions
A researcher at Southern Illinois University-Carbondale is working on using artificial intelligence (AI) to detect the deadly pathogen Salmonella before it ever enters the food supply.
Anas Alsobeh, assistant professor of information technology, recently received a $150,000 grant from the USDA’s National Institute of Food and Agriculture to develop an AI-based rapid detection method for
Co-Location of Data Centers with Renewable Energy Projects: Legal, Environmental, and Operational Considerations
The dramatic increase in the use cases for data storage, artificial intelligence and cloud computing have resulted in an atmospheric level rise in the demand for data centers, and the question of providing sufficient power to support those data centers has become paramount. Simultaneously, there has been an increasing emphasis on utilizing green energy as corporations
Renewable Energy and AI Data Centers
Although artificial intelligence (“AI”) dominated financial, technological, and even social conversations in 2024, less attention was paid to the reality that AI’s emergence entails substantial increases in energy demand, specifically electricity. Consider that a single ChatGPT query requires 2.9 watt-hours of electricity, compared to 0.3 watt-hours for a Google search, according to the International Energy