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Articles by Dan Jasnow
Judge Pauses Anthropic’s $1.5 Billion Copyright Settlement | JD Supra
Anthropic PBC entered into a proposed class-wide settlement that would resolve Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal.), a high-profile copyright infringement action challenging the company’s use of millions of books to train its Claude large language models. However, on September 8, Judge William Haskell Alsup denied preliminary approval of the settlement without prejudice, requesting additional information and a revised notice and claims protocol.
Judge Pauses Anthropic’s $1.5 Billion Copyright Settlement
Share This Page Email Anthropic PBC entered into a proposed class-wide settlement that would resolve Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal.), a high-profile copyright infringement action challenging the company’s use of millions of books to train its Claude large language models. On However, on September 8, Judge William Haskell Alsup denied preliminary approval of the settlement without prejudice, requesting additional information and a revised notice and claims protocol.
Landmark Ruling on AI Copyright: Fair Use vs. Infringement in Bartz v. Anthropic | JD Supra
In one of the first substantive decisions analyzing whether the use of copyrighted works to train large language models (LLMs) for generative artificial intelligence (AI) services is infringing or a fair use, Judge William Alsup issued a split decision in his summary judgment order. See Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal. Aug 19, 2024).
Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications | JD Supra
The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer. On June 11, Disney and Universal filed a complaint in the Central District of California against Midjourney, a popular text-to-image AI tool. The plaintiffs allege that Midjourney trained its AI models on data that includes the studios’ copyrighted works, including a variety of fictional characters.
Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications
On On June 11, Disney and Universal filed a complaint in the Central District of California against Midjourney, a popular text-to-image AI tool. The plaintiffs allege that Midjourney trained its AI models on data that includes the studios’ copyrighted works, including a variety of fictional characters. The plaintiffs provide examples of instances where Midjourney’s output closely resembled or directly copied the plaintiffs’ copyrighted works.
NY Class Action Filed Against Nike Over Alleged NFT ‘Rug Pull’ and Unregistered Securities | JD Supra
On April 25, purchasers of Nike non-fungible tokens (NFTs) filed a class action complaint in the US District Court for the Eastern District of New York against the sportswear giant alleging that the December 2024 shutdown of RTFKT constituted a “brazen rug pull,” resulting in significant monetary losses for the plaintiffs.
NY Class Action Filed Against Nike Over Alleged NFT ‘Rug Pull’ and Unregistered Securities
On The proposed class action alleges that Nike used its iconic brand and marketing prowess to promote RTFKT unregistered securities in violation of federal securities laws under the Howey test at the expense of unsophisticated retail investors. Further, the complaint asserts that the value of the Nike NFTs was closely tied to Nike’s promotional efforts, gamified challenges, and the prospect of exclusive rewards such as limited-edition physical Nike products.
Top 10 Legal Challenges for the Sports Industry in 2025
On As the media environment continues to develop, sports organizations face challenges resulting from the fragmentation of regional sports networks and the shift towards streaming models. Additionally, the relaxation of rules regarding private equity investments and recent tax changes are transforming professional sports ownership, requiring legal acumen to navigate these new dynamics.
President Trump Signs Executive Order to Advance AI Education in K-12 Schools
Share This Page Email On April 23, President Trump signed an executive order (EO) establishing an Artificial Intelligence (AI) Education Task Force to advance AI training for K-12 students, faculty, and staff in the nation’s public-school districts in an effort to provide early exposure to AI concepts and technology and develop “an AI ready workforce and the next generation of AI innovators.” On The EO lays out four initiatives: (1) the Presidential Artificial Intelligence Challenge to...
SEC’s Division of Corporation Finance: Stablecoins Are Not Securities | JD Supra
On April 4, the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) issued a statement providing clarity on the application of federal securities laws to stablecoins, specifically those designed to maintain a stable value relative to the US Dollar (USD). This statement outlines the characteristics of “Covered Stablecoins” and asserts that their offer and sale do not constitute securities under the Securities Act of 1933 or the Securities Exchange Act of 1934.
SEC Commissioner Crenshaw Critiques Stable Coin Analysis: Understates the Risks | JD Supra
On April 4, US Securities and Exchange Commission (SEC) Commissioner Caroline A. Crenshaw, the sole Democrat serving as a Commissioner, issued a statement critiquing the Division of Corporation Finance’s analysis in its conclusion that stablecoins are not securities.
SEC Commissioner Crenshaw Critiques Stable Coin Analysis: Understates the Risks
The Division’s statement attempted to provide clarity specifically on certain stablecoins, deemed “Covered Stablecoins.” The Division defined Covered Stablecoins as stablecoins designed (1) to maintain a stable value relative to the US Dollar (USD) on a one-for-one basis, (2) to be redeemed for USD on a one-to-one basis, and (3) to be backed by assets held in a reserve that are considered low-risk and readily liquid with a USD-value that meets or exceeds the redemption value of the...
SEC’s Division of Corporation Finance: Stablecoins Are Not Securities
On This statement outlines the characteristics of “Covered Stablecoins” and asserts that their offer and sale do not constitute securities under the Securities Act of 1933 or the Securities Exchange Act of 1934. Stablecoins Overview Stablecoins are a type of crypto asset designed to maintain a stable value relative to a reference asset, such as USD, other fiat currencies, commodities such as gold, or a pool of assets.
Navigating the Intersection of AI and Copyright: Key Insights From the US Copyright Office’s Latest Report | JD Supra
The US Copyright Office recently released Part 2 of its Copyright and Artificial Intelligence Report, addressing the copyrightability of outputs generated from artificial intelligence (AI) systems. This report is the second in the Copyright Office’s three-part series exploring the convergence of copyright and AI. The Report, as well as some recently approved copyright registrations, offer some of the clearest guidance yet with respect to copyright protection for works created in part with AI.
AI Anti-Discrimination Bill Heads to Governor’s Desk in Virginia | JD Supra
Colorado made history in May 2024 when it became the first state to adopt a comprehensive artificial intelligence (AI) consumer protection law. This landmark legislation has inspired other states, including Virginia, to pursue similar laws. On February 20, the Virginia State Senate passed their own AI anti-discrimination law, House Bill 2094, that if signed by Governor Glenn Youngkin, would position Virginia to join Colorado in enacting AI anti-discrimination legislation.
AI Anti-Discrimination Bill Heads to Governor’s Desk in Virginia
On February 20, the Virginia State Senate passed their own AI anti-discrimination law, House Bill 2094, that if signed by Governor Glenn Youngkin, would position Virginia to join Colorado in enacting AI anti-discrimination legislation. Compliance Obligations Under the Virginia Bill Virginia’s “High-Risk Artificial Intelligence Developer and Deployer Act” (Act) largely resembles the efforts of Colorado’s AI law.
For At Least One AI Developer, Fair-Use Defense Fails Against Copyright Infringement Claims | JD Supra
As several dozen copyright infringement cases against artificial intelligence (AI) developers continue to proceed through the federal courts, a recent ruling in the District of Delaware suggests that the fair-use defense against claims of copyright infringement may offer less protection than some AI developers expect. In Thomson v. Ross, the court concluded that the developer’s unauthorized use of the third-party copyrighted works to train an AI tool did not qualify as fair use.
For At Least One AI Developer, Fair-Use Defense Fails Against Copyright Infringement Claims
Off In Thomson v. Ross, the court concluded that the developer’s unauthorized use of the third-party copyrighted works to train an AI tool did not qualify as fair use. That said, unlike many other cases pending against AI developers, the AI tool in this case is not generative AI (Gen AI) and therefore its influence on other pending AI cases remains uncertain.
AI Legal Landscape: Top Challenges and Strategies in 2025
As artificial intelligence (AI) continues to develop at a rapid pace, even the most sophisticated general counsel (GC) and in-house legal teams will be hard pressed to keep up with the evolving legal landscape. On While the Trump Administration seems poised to ease regulatory scrutiny on AI, much remains uncertain about their approach.
Couture Compliance? The Fashion Workers Act Imposes New Labor Protections for Industry Workers | JD Supra
On December 21, 2024, New York Governor Kathy Hochul signed into law the New York State Fashion Workers Act, which imposes new regulatory obligations on fashion companies, advertising agencies, model management companies, and other entities that work with fashion models. A $2.5 trillion global industry, fashion finds its US epicenter in New York City, where it relies on models to market and showcase its variety of products.
Couture Compliance? The Fashion Workers Act Imposes New Labor Protections for Industry Workers
On A $2.5 trillion global industry, fashion finds its US epicenter in New York City, where it relies on models to market and showcase its variety of products. Effective June 19, the Act establishes labor protections for models and other freelance talent in New York’s fashion sector. The law also imposes new heightened consent requirements for the use of generative artificial intelligence (AI) to create or reproduce models’ likenesses.
FDA Issues New Recommendations on Use of AI for Medical Devices, Drugs, and Biologics
Skip to main content January 21, 2025 Volume XV, Number 21 Legal Analysis. Expertly Written. Quickly Found.
US Surgeon General Advises on Link Between Alcohol and Cancer, Recommends Cancer Warnings on Alcohol Labels; Alcohol Beverage Industry Challenges Findings | ArentFox Schiff - JDSupra
On January 3, the US Surgeon General issued an advisory on the association between alcohol and the risk of cancer. The alcohol beverage industry has swiftly responded highlighting conflicting studies and federal guidelines. Citing selected scientific literature, the advisory concludes that alcohol consumption is the third leading preventable cause of cancer in the United States.
US Surgeon General Advises on Link Between Alcohol and Cancer, Recommends Cancer Warnings on Alcohol Labels
On January 3, the US Surgeon General issued an advisory on the association between alcohol and the risk of cancer. The advisory outlines current scientific literature and concludes that alcohol consumption is the third leading preventable cause of cancer in the United States. Among other things, the advisory recommends updating the “Government Warning” statement on alcohol beverage labels to warn consumers about the cancer risk.
US Surgeon General Advises on Link Between Alcohol and Cancer, Recommends Cancer Warnings on Alcohol Labels
On The advisory outlines current scientific literature and concludes that alcohol consumption is the third leading preventable cause of cancer in the United States. Among other things, the advisory recommends updating the “Government Warning” statement on alcohol beverage labels to warn consumers about the cancer risk. Potential Changes to Mandatory Government Warning Since 1988, federal law has required a “Government Warning” statement on every alcoholic beverage sold in the United States.
Client Alert: SEC Charges Companies for Failing to Timely File Form D
Skip to main content January 06, 2025 Volume XV, Number 6 Legal Analysis. Expertly Written. Quickly Found. Trending News Client Alert: SEC Charges Companies for Failing to Timely File Form D Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard As we enter 2025, compliance with U.S. securities regulations remains a critical focus for startups and early-stage companies.
New Lawsuits Targeting Personalized AI Chatbots Highlight Need for AI Quality Assurance and Safety Standards
The parents of two Texas children recently brought a lawsuit against Character Technologies, Inc., alleging that its chatbot, Character.AI, encouraged self-harm, violence, and provided sexual content to their children. They are requesting that the court shut down the platform until the alleged dangers have been resolved. The suit, brought on behalf of the children, aged 17 and 11, was filed by the Social Media Victims Law Center and the Tech Justice Law Project.
SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI | JD Supra
In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information from news articles used to train its large language models. While still early, the court’s favorable decision for The Intercept Media, Inc.
Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI | JD Supra
Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity AI in the District Court for the Southern District of New York. In their amended complaint, filed on December 11, the plaintiffs have asserted copyright infringement, false designation of origin, and trademark dilution claims against Perplexity.
Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities
In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act ("Act") as Chapter 47F of the North Carolina General Statutes. The Act was intended to establish certain rights for property owners in planned communities, establish a framework of rules and regulations to govern planned communities, and grant owners' associations the powers necessary to manage them.
Canadian News Outlets Seek What Could Amount to Billions From OpenAI in New Copyright Infringement Case
OpenAI finds itself embroiled in another major copyright infringement lawsuit — this time in Canada. Similar to cases filed by major news organizations in the United States, a group of Canada’s biggest news and media companies has filed a lawsuit alleging that OpenAI is illegally using the publishers’ copyrighted material to train its GPT large language models (LLMs).
Post-Election Outlook for Regulation of Artificial Intelligence | JD Supra
In recent years, Americans and policymakers in Washington, DC, have become increasingly fixated on artificial intelligence (AI), especially generative AI, and the economic and social considerations associated with the technology.
Joint Advisory Lists Top Routinely Exploited Vulnerabilities
On November 12, 2024, the Cybersecurity and Infrastructure Security Agency, the Federal Bureau of Investigation, and the National Security Agency, along with its security partners in Australia, Canada, New Zealand, and the United Kingdom issued the cybersecurity advisory “2023 Top Routinely Exploited Vulnerabilities,” outlining top vulnerabilities impacting companies across the free world.
Post-Election Outlook for Regulation of Artificial Intelligence
On The election of Donald J. Trump and the Republican control of Congress provides an opportunity to shift Washington, DC’s technology and innovation agenda in a conservative fashion.
AI & the Fashion Industry: What Is Next for Your Company?
On At last month’s AFS Fashion Insiders Executives Forum, our panel of industry insiders pulled back the curtain on how companies are navigating this new terrain and emphasized the transformative impact AI will have on the fashion industry. Highlights include: AI is revolutionizing fashion design by predicting trends and significantly reducing design time and costs through generative AI.
California and Colorado Establish Protections for Neural Data | JD Supra
October 14, 2024 Michelle Bowling, D. Reed Freeman Jr., Dan Jasnow ArentFox Schiff + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: When one hears the term “neural data,” a brain implant comes to mind, alongside concerns about these neurotechnologies being able to read our innermost thoughts. Generally, implantable devices such as these are considered medical devices and are regulated as such.
California and Colorado Establish Protections for Neural Data
On For example, last year, a large technology company announced that it was developing augmented reality glasses and wrist devices which would contain a “neural interface” that would allow control of these devices, although the specific functionality has yet to be revealed. Consumers can also purchase a headband that uses electroencephalogram (EEG) technology to measure electrical activity in the brain during meditation and sleep, which can then provide tailored feedback.
California Governor Signs 18 AI Bills Into Law | JD Supra
On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States. But for all of the attention on SB 1047, it is the 18 other AI bills Newsom signed in September that are likely to have the most lasting impact. Below is a high-level summary of those laws.
California Signs 18 Artificial Intelligence Bills into Law
Skip to main content October 01, 2024 Volume XIV, Number 275 Legal Analysis. Expertly Written. Quickly Found. Trending News California Governor Signs 18 AI Bills into Law Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States.
California Governor Signs 18 AI Bills Into Law
Below is a high-level summary of those laws. Media and Entertainment AB 2602 establishes heightened consent requirements for the use of “digital replicas” in media and entertainment content. Specifically, a contract authorizing the use of an actor’s digital replica must include a “reasonably specific description” of the proposed use and the actor must be represented by legal counsel or by a labor union.
Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law
As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many websites have attempted to prohibit AI data scraping of their content through their terms of use, a federal court clarified this year that the extent to which public data may be scraped from social media platforms should be governed by federal copyright law.
Colorado Takes Lead in Artificial Intelligence Regulation | JD Supra
On May 17, Colorado Governor Jared Polis signed into law the Colorado Artificial Intelligence Act (SB 205), making the state the first to enact a comprehensive legislative framework to regulate artificial intelligence (AI) tools. Developers have until February 1, 2026, to comply with most provisions of the law. Who Is Covered by the Law? The law covers “developers” and “deployers” of “high risk artificial intelligence systems” who are doing business in Colorado.
Privacy Tip #399 – Nebraska AG Sues TikTok for Violations of Consumer Protection Laws
To add to TikTok’s legal woes in the U.S., Nebraska Attorney General Mike Hilgers (AG) filed suit against TikTok on May 22, 2024, alleging that TikTok violated Nebraska’s consumer protection laws and engaged in deceptive trade practices by “designing and operating a platform that is addictive and harmful to teens and children.” In addition, the AG alleges that “TikTok’s features fail to protect kids and regularly expose underage users to age-inappropriate and otherwise harmful content.” The...
Colorado Takes Lead in Artificial Intelligence Regulation
Skip to main content May 24, 2024 Volume XIV, Number 145 Legal Analysis. Expertly Written. Quickly Found.
Continuing Forward: Senate Leaders Release an AI Policy Roadmap | JD Supra
The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade. This comprehensive guide, which complements the AI research, investigations, and hearings conducted by Senate committees during the 118th Congress, identifies areas of consensus that could help policymakers establish the ground rules for AI use and development across various sectors.
Continuing Forward: Senate Leaders Release an AI Policy Roadmap
Share This Page Email The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade. This comprehensive guide, which complements the AI research, investigations, and hearings conducted by Senate committees during the 118th Congress, identifies areas of consensus that could help policymakers establish the ground rules for AI use and development across various sectors.
DOL Issues Guidance on Workplace AI | JD Supra
The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division. The guidance, delivered as a Field Assistance Bulletin (FAB), provides insight into how the DOL views the use of AI in the workplace, as well as its potential enforcement priorities.
DOL Issues Guidance on Workplace AI
Off The guidance, delivered as a Field Assistance Bulletin (FAB), provides insight into how the DOL views the use of AI in the workplace, as well as its potential enforcement priorities. Among other things, the DOL guidance indicates that employers may be held liable for the unlawful conduct of AI systems or tools they use, even if those systems or tools were designed by a third-party software developer.
Energy Labeling Rule Update: FTC Extends Comment Period | JD Supra
The Federal Trade Commission (FTC) has published a notice of proposed rulemaking seeking public comments on potential improvements to the Energy Labeling Rule. The Energy Labeling Rule, designed to aid consumers in comparing the energy usage and costs of products, requires manufacturers to disclose estimated energy costs, energy consumption, and comparability ranges for similar models on EnergyGuide labels affixed to major home appliances and other consumer products.
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