The fight between creators and big tech has mostly been focused on the alleged copyright infringement of using creative works in AI training data. However, trademark law might be the next battleground as creators look for additional ways to protect their work from AI-related misuse. Actor Matthew McConaughey recently received U.S. Registration No. 8,070,191 for
CIPA Pen Register Claims After Camplisson v Adidas
CIPA pen register claims now drive a new wave of website tracking lawsuits. A recent federal ruling in Camplisson v Adidas gave plaintiffs more room to pursue claims tied to pixels and similar tracking tools. Site owners who rely on analytics or ad pixels should treat this shift as a compliance trigger, not background noise.
Yet Another Reason to Fear AI? Two recent decisions provide a reminder of the risks of its use for trade secrets
If worrying about our soon-to-be AI overlords wasn’t enough, two rulings recently dropped that illustrate the risk that an AI platform’s terms of use and privacy policy limitations may pose to confidential information. On February 17, 2026, in U.S. v. Heppner, Judge Jed Rakoff of the U.S. District Court for the Southern District of New
AI Copyright Memorization: New Research Raises Litigation Risk for Model Outputs
AI copyright memorization now drives real product risk, not academic debate. A new paper, Extracting books from production language models, reports a method for pulling long blocks of in-copyright book text from several production-grade language models.
Model output matters because it sits in front of customers. If a model reproduces protected text, plaintiffs can frame
How 2026 Will Reshape Technology and AI Law
How 2026 Will Reshape Technology and AI Law by David Pierce
How 2026 Will Reshape Technology and AI Law
Technology and AI Risk in 2026 Is Governed Through States, Enforcement, and Contracts
In 2026, the legal risk that technology and artificial intelligence pose in the United States is shaped less by a single comprehensive federal
Sweeping Claims, Sliding Stones: Mastering AI Patent Prosecution with a Curling Twist
As the 2026 Winter Olympics captivate audiences, one sport in particular―curling―stands out as the perfect metaphor for the challenge of prosecuting AI inventions before the US Patent and Trademark Office (USPTO). Both arenas demand foresight, adaptability, and strategic thinking, whether it’s guiding a stone across the ice or shepherding an AI patent application through evolving
Sector-wide Review of the Online Video Content Creation Sector by the French Competition Authority
The French Competition Authority has published Opinion No. 26-A-02 of 18 February 2026, concerning the functioning of competition in the online video content creation sector in France. See the press release
The online video content creation sector is now an integral part of the French audiovisual industry, having rapidly grown to over 150,000 professional creators
Scoring Applicants? Your AI Could Be in FCRA Territory
The Fair Credit Reporting Act (FCRA) is decades old, but a recent artificial intelligence (AI)-related complaint suggests that plaintiffs are testing whether legacy consumer-reporting rules can apply to AI-driven hiring assessments.
In January, a class action complaint was filed in California, Kistler v. Eightfold AI Inc., No. C26-00214 (Cal. Super. Ct. Jan. 20, 2026). Eightfold
Join Me for the New York City Bar Association’s Trade Secrets Symposium 2026
I’m excited to announce that I will be the panel chair and moderator for “Artificial Intelligence & Trade Secrets” at the New York City Bar Association’s Trade Secret Symposium 2026 on Friday, February 20, 2026 at 9:00 a.m. ET. I’ll have the honor of facilitating a panel composed of AI experts Matthew D’Amore of Cornell
Key Points from the General Scheme of the Regulation of Artificial Intelligence Bill 2026
The Department of Enterprise, Tourism and Employment (DETE) published the General Scheme of the Regulation of Artificial Intelligence Bill 2026 on 4 February 2026 (the Scheme). The Scheme forms the basis for the national Irish legislation which will implement certain aspects of the EU AI Act into Irish law.
We set out below some points