In an excellent blog post, “Avoiding AI Pitfalls in 2026: Lessons Learned from Top 2025 Incidents,” ISACA’s Mary Carmichael summarizes lessons learned from top incidents in 2025 using MIT’s AI Incident Database and risk domains. According to Carmichael, an analysis of the incidents showed recurring patterns across different risk domains, including privacy, security,
Lights, Camera, Disclosures, Consent: New York’s New AI Laws Take Center Stage
Brands and agencies, take note: Whether or not your commercials are subject to SAG-AFTRA, with these new New York bills, additional disclosures and consents are now required when using synthetic performers and digital replicas in ads.
A Double Feature
On December 11, New York Gov. Kathy Hochul performed a double feature when she signed into
Protecting AI-Influenced Work: Why Copyright and Patents Can Fall Short, and Why Trade Secrets Often Matter More
More and more, I hear some version of the same question from business owners: “We made something valuable with the help of AI. Can we protect it?”
Sometimes the “something” is obvious, like marketing copy, a logo, a photo, a product description, a training guide, or software code. Sometimes it is less obvious but more
AI in Legal Services: How It’s Reshaping the Profession
AI is no longer a theory in the legal field; it’s an operational infrastructure. Many law firms are experimenting with AI for research, drafting, e-discovery, and analytics, though adoption varies by practice area and firm size. But with new tools come new risks. This article explains where AI fits in legal services today, what it
Further Update: USPTO Issues Memo Integrating Desjardins Into the MPEP
In our earlier posts, we discussed the significance of Ex Parte Desjardins: first when the Appeals Review Panel vacated the § 101 rejection, and again when Director Squires designated the decision as precedential.
Today, the USPTO has taken the next step: it has formally issued a memo to the examining corps announcing updates
Copyright and Applied Art – CJEU Decision. Functional product designers can benefit from standard copyright protection with no stricter requirements imposed
In the highly anticipated copyright decision of 4th December CJEU has ruled that as regards the scope of copyright protection for works of ‘applied art’ the author’s personality must be reflected in the works for which copyright protection is claimed through his ‘free and creative choices’ without a stricter requirement than for traditional copyright protected
The Briefing: The Man In Black v. Coca Cola: The New Soundalike Showdown
Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of soundalikes.
In this episode, they cover:
- How
Cyber Insurer Offers Product for Deepfakes
Deepfakes continue to be problematic for organizations and individuals. They are hard to detect and hard to respond to when used in an attack against a company.
To respond to this ongoing, and increasingly prevalent, problem, cyber insurer Coalition announced this week that it will expand coverage for “certain incidents where AI and deepfakes lead
Deepfake Legislation: What the Law Covers Today and Where It’s Going
Deepfake technology creates synthetic images, videos, and audio that mimic real people with near-perfect accuracy. What started as novelty content now powers scams, impersonation, political interference, and nonconsensual pornography. The threat is no longer hypothetical. The law is working to catch up.
While there is still no broad federal ban on all deepfakes, Congress passed
AI and Copyright Infringement: What the Law Is Still Deciding
AI models are generating content at scale and pulling data from copyrighted sources to do it. That’s triggered lawsuits across publishing, photography, code, and music, most of which remain unresolved. This article unpacks the legal fault lines: how the law views training data, who owns AI outputs, and how companies can limit their copyright exposure.