As generative artificial intelligence (AI) capabilities advance, courts and the U.S. Copyright Office have grappled with the issue of who, or what—if anyone—owns the copyrights in works generated by AI systems. Fundamental questions have focused on whether copyright requires human authorship and, if so, whether works created solely through the use of AI possess sufficient
Thaler v. Perlmutter Further Confirms Human Authorship Required for Copyright Protection
On March 18, 2025, the United States Court of Appeals for the District of Columbia affirmed the lower court’s decision to deny copyright registration for an AI-generated artwork where the AI was listed as the sole author. The court relied on a longstanding interpretation of the Copyright Act, which requires that a copyrightable work must
The Colorado Artificial Intelligence Act (CAIA): Compliance Insights for Businesses
Eventually, the federal government will pass an artificial intelligence law, which will likely trump and preempt state laws. In the meantime, many states are implementing their artificial intelligence regulations and laws. We expect this trend to continue. If you have any questions concerning these acts or compliance with new AI regulations, contact one of our
AI Governance: The Problem of Shadow AI
If you hang out with CISOs like I do, shadow IT has always been a difficult problem. Shadow IT refers to refers to “information technology (IT) systems deployed by departments other than the central IT department, to bypass limitations and restrictions that have been imposed by central information systems. While it can promote innovation and
DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for Another Day
Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the author of the work. However, the D.C. Circuit refrained from saying more for now, leaving
AppLovin & Its AI: A Lesson in Accuracy
Last week, we explored a recent data breach class action and the litigation risk of such lawsuits. Companies need to be aware of litigation risk not only arising from data breaches, but also from shareholder class actions related to privacy concerns.
On March 5, 2025, a class action securities lawsuit was filed against AppLovin Corporation
Skin360 App Can’t Escape Scrutiny under Illinois Biometric Law
A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing biometric information through its Neutrogena Skin 360 beauty app without consumers’ informed consent or knowledge. The plaintiffs also allege that
Those Who Teach, Can’t: U.S. District Court in Delaware Issues Decision of First Impression, Finding Use of Copyrighted Materials to Train Artificial Intelligence Constitutes Infringement, Not Fair Use
On February 11, 2025, a U.S. District Court in Delaware issued a decision of first impression finding that a technology startup’s use of copyrighted materials to train its artificial intelligence platform infringed the copyright holder’s rights and did not constitute fair use.[1] The Delaware District Court is the first to decide on a
Consumer Brands Association CPG Legal Forum 2025
Recently Amy Mudge and I, along with Bethany Lukitsch and Julie Singer Brady, the co-leads of our class action group, attended and spoke at the Consumer Brand CPG Legal Forum. There were lots of great sessions and speakers, but I want to highlight the keynote address given by FTC Commissioner Melissa Holyoak, who, along with
Webinar: AI & Trade Secrets – Protecting Your Competitive Edge
2025 Trade Secrets Webinar Series
Tuesday, March 25, 20251:00 p.m. to 2:00 p.m. Eastern12:00 p.m. to 1:00 p.m. Central11:00 a.m. to 12:00 p.m. Mountain10:00 a.m. to 11:00 a.m. Pacific
About the Program
Artificial intelligence (“AI”) is transforming industries at lightning speed—but with innovation comes risk. As AI reshapes how businesses operate, protecting proprietary