Edward Lanquist
As seen in:
JD Supra,
Reuters,
Daily Report (Georgia),
Law.com,
Legaltech News,
Bloomberg Law,
Law360,
Bloomberg Tax,
Westlaw Today,
CPO Magazine,
Hypepotamus
and
Shareholder at Baker Donelson, father of two, and community volunteer. @EdwardLanquist
Instagram eds.whiskey.shelf
Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Edward Lanquist
Third Circuit Rejects Fair Use for AI Trained on Westlaw Headnotes
The U.S. Court of Appeals for the Third Circuit recently issued the first federal appellate decision addressing whether copying copyrighted material to train an artificial intelligence system is fair use. In Thomson Reuters Enterprise Centre GmbH v. ROSS Intelligence Inc.,1 the court answered no, at least on these facts.
The Deal Team's New Colleague: Using Artificial Intelligence to Run the M&A Transaction
Artificial intelligence has crossed a threshold in dealmaking. Two years ago, it was a novelty demonstrated at conferences. Today it is a working member of the deal team. Bain & Company's 2026 M&A Report found that AI adoption among mergers and acquisitions (M&A) practitioners more than doubled in the past year to approximately 45 percent, with the heaviest use concentrated in due diligence itself.
Bankruptcy Issues Raised by Generative AI: Ownership, Licensing, and Asset Values | JD Supra
Generative artificial intelligence (GAI) has moved from experimental novelty to enterprise-critical infrastructure with remarkable speed, and the financial reckoning has arrived alongside it. As compute costs, thin margins, and rapid model obsolescence squeeze AI-native companies, analysts now anticipate a sustained wave of failures among startups built on unsustainable burn rates.
Are Your AI Chats Discoverable? Courts Begin to Map Work Product and Privilege in the Age of Generative AI
In a remarkably short span, courts across the country have begun answering a question that did not exist a few years ago: when a litigant types case-related information into a publicly available generative artificial intelligence (AI) platform, are those interactions protected from discovery? Beginning with United States v.
Key Takeaways on Induced Patent Infringement After Supreme Court Decision in Hikma v. Amarin | JD Supra
In an opinion authored by Justice Jackson earlier this month, a unanimous Supreme Court recently reversed the Federal Circuit and held that Amarin Pharma, Inc. failed to state a claim for induced infringement under 35 U.S.C. Section 271(b).
The Invisible Insider: How AI Agents Enable Undetectable Trade Secret Theft – and What Companies Must Do Now
AI agents can harvest, synthesize, and exfiltrate trade secrets through more than a dozen evasion techniques that generate no conventional security alert. Employees can photograph AI-generated screen displays with personal devices, bypassing every layer of digital monitoring entirely. Companies must act now: update AI acceptable-use policies, mandate prompt logging, restrict personal devices in sensitive work areas, and build AI review into departure protocols.
A Legal Framework for the Discoverability of AI
Nicole Imhof (from left), Andrew J. Droke and Edward D. Lanquist of Baker Donelson. Courtesy photos A growing body of case law is beginning to define when artificial intelligence (AI)-generated materials may be protected and when they will not. In addition to United States v. Heppner, three cases decided before and alongside Heppner—Tremblay v. OpenAI Inc., Warner v. Gilbarco and In re OpenAI Inc.—illuminate the key variables that courts are examining.
Copyright Law in 2025: Courts begin to draw lines around AI training, piracy, and market harm
A man works with a laptop at the airport in Hanoi, Vietnam October 18, 2017.
Copyright Law in 2025: Courts begin to draw lines around AI training, piracy, and market harm
(March 16, 2026) - Edward D. Lanquist and Benjamin West Janke of Baker Donelson examine 2025 copyright decisions addressing AI training and fair use, highlighting judicial concerns over piracy and market harm.
Supreme Court Denies Certiorari in Thaler v. Perlmutter: AI Cannot Be an Author Under the Copyright Act
The Supreme Court of the United States on March 2, 2026, denied certiorari in Thaler v. Perlmutter, leaving intact the D.C. Circuit's ruling that the Copyright Act requires copyrightable works to be authored by a human being. For businesses incorporating generative artificial intelligence (GAI) into their workflows, this decision reinforces the Copyright Office's position that, under current law, AI is a tool, not an author.
2026 AI Legal Forecast: From Innovation to Compliance
If 2024 was the year of artificial intelligence (AI) hype, 2025 was the year of AI accountability. The legal landscape shifted from theoretical debates to concrete enforcement actions and compliance deadlines. Organizations must now move beyond deploying AI to actively governing it. Regulators in the EU and U.S. are enforcing new standards, and courts are approaching decisions on pivotal copyright cases.
2026 AI Legal Forecast: From Innovation to Compliance | JD Supra
If 2024 was the year of artificial intelligence (AI) hype, 2025 was the year of AI accountability. The legal landscape shifted from theoretical debates to concrete enforcement actions and compliance deadlines. Organizations must now move beyond deploying AI to actively governing it. Regulators in the EU and U.S. are enforcing new standards, and courts are approaching decisions on pivotal copyright cases.
USPTO Proposes Dramatic Restrictions on Patent Challenges Through Inter Partes Review | JD Supra
The United States Patent and Trademark Office (USPTO) has published proposed regulations that would fundamentally transform the inter partes review (IPR) landscape, potentially eliminating IPR as a viable option for many patent challengers.
Post-SCOTUS District Court Ruling in Jack Daniel's v. VIP Products Reshapes Trademark Dilution Jurisprudence | JD Supra
As previously reported, in Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the U.S. Supreme Court clarified a crucial boundary in trademark law: when an allegedly infringing product uses a mark "as a mark," i.e., as a source identifier, First Amendment defenses under the Rogers v. Grimaldi test do not apply.
Think While You Are Using AI Coding
Vibe coding is revolutionizing software development. The integration of generative AI tools into software development, such as ChatGPT's Agen, GitHub Copilot, Coursiv, and similar platforms, is revolutionizing how code is written. This innovation, however, brings significant legal uncertainty, especially regarding the copyrightability of AI-assisted code.
Think While You Are Using AI Coding | JD Supra
Vibe coding is revolutionizing software development. The integration of generative AI tools into software development, such as ChatGPT's Agen, GitHub Copilot, Coursiv, and similar platforms, is revolutionizing how code is written. This innovation, however, brings significant legal uncertainty, especially regarding the copyrightability of AI-assisted code.
AI wins in court as book training deemed fair use
Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI), did not constitute "transformative" fair use. See Thomson Reuters Enter. Ctr. GMBH v. Ross Intel. Inc., 765 F. Supp. 3d 382 (D. Del. 2025).
The Northern District of California Weighs in on "Transformative" Use of Copyrighted Books for Training Generative AI Tools | JD Supra
Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI), did not constitute "transformative" fair use. See Thomson Reuters Enter. Ctr. GMBH v. Ross Intel. Inc., 765 F. Supp. 3d 382 (D. Del. 2025).
Implications of the Federal Circuit's Decision in EcoFactor, Inc. v. Google LLC | JD Supra
The Federal Circuit's recent en banc decision in EcoFactor, Inc. v. Google LLC has already been touted as a landmark decision on expert damages testimony in patent cases. In EcoFactor, the Federal Circuit weighed in on the gatekeeping function of trial courts and found that the district court abused its discretion in failing to exclude the unreliable testimony of EcoFactor's damages expert.
Supreme Court Limits Reach of Trademark Infringement Damages: Affiliation Insufficient | JD Supra
The Supreme Court recently issued its opinion in Dewberry Group, Inc., FKA Dewberry Capital Corp. v. Dewberry Engineers Inc. (23-900, Feb. 26, 2025), and addressed the issue of awarding profits in a trademark infringement case under the Lanham Act, specifically, whether the profits of the defendant's affiliated companies can be included in the award. Dewberry Engineers Inc. sued Dewberry Group, a competitor in the real estate development industry, for trademark infringement under the Lanham Act.
The Importance of Filing Patent Applications for Software Inventions | JD Supra
We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent applications that can provide value now, as well as in the future. This article will discuss the benefits of filing patent applications for even marginally patentable software-based inventions.
What Every Startup Enterprise Should Know About Protecting Intellectual Property
Editor’s Note: This contributor article is from Edward D. Lanquist and Dominic Rota at the law firm Baker Donelson, who shared eight key steps founders need to think about during their IP journey. A startup’s most significant asset is often its intellectual property (IP). Inventions, branding, software, and external-facing content can impact the overall value of the startup enterprise and its appeal to investors. This article provides a detailed list of how startups can best protect their IP.
Baker's Trademark Developments of 2024 | JD Supra
2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date. Steve Elster sought to register "TRUMP TOO SMALL" on shirts and hats WITHOUT Donald Trump's consent. The Patent and Trademark Office (PTO) and the Trademark Trial and Appeal Board denied the registration based on the Lanham Act's "names clause," which prohibits the registration of a trademark that "consists of or comprises a name . . .
11 Patent Cases To Watch At Fed. Circ. And High Court
By Edward Lanquist and Wesley Barbee (September 11, 2024, 5:34 PM EDT) -- As we head into fall, there are 11 patent cases that you should look out for during the rest of the year. This judicial mix touches on a range of industries and interests, such as biotech innovation, administrative rulemaking and patent eligibility. Stay informed and prepare for their potential effects on your intellectual property strategy.... Law360 is on it, so you are, too.
Patent Cases to Watch for in the Second Half of 2024 | JD Supra
As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as biotech innovation, administrative rulemaking, and patent eligibility. Stay informed and prepare for their potential effects on your intellectual property strategy. The following patent cases may face the Supreme Court soon. Cellect, LLC v. Vidal (23-1231).
Top Developments in Trade Secret Law | JD Supra
In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023, significant developments in trade secret law have reshaped strategies and safeguards for businesses worldwide. From landmark court decisions to legislative reforms, here are the top developments to help you stay in the know.
Protect Trade Secrets Now While FTC’s Noncompete Ban Is Paused Original
Now that a federal judge has blocked the Federal Trade Commission from implementing its noncompete rule, employers no longer face a Sept. 4 compliance deadline. But Ryan v. FTC is still subject to appeal and may reach the US Supreme Court. Future FTC action is unknown and a patchwork of state laws still raises questions about heavy reliance on noncompetes.
Guardians of the Goldmine: Building an Effective Confidentiality Program | JD Supra
On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an injunction as to the plaintiff only. Like the Texas federal court in Ryan, the court declined to grant a nationwide injunction.
A Baker's Dozen of Patent Law Developments for 2024 | JD Supra
The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know. On May 21, the Court of Appeals for the Federal Circuit (CAFC) overruled the longstanding Rosen-Durling test, finding it "too rigid." By adopting the more flexible Graham approach, the decision will likely increase challenges to design patents on obviousness grounds.
Ruling Affirmed: Redemption Diluted Bulleit's Bottle Design | JD Supra
The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's bottle resembled the design of the Bulleit's distinct canteen-shaped whiskey bottles. This case demonstrates that a finding of "fame" in dilution cases does not require a company to be a household brand.
Trade Secret Protection Plans Provide Certainty to Employers Original
Baker Donelson recently published an article called “The End of Non-Competition Agreements? Not so Fast!” The article summarizes the Federal Trade Commission’s (FTC) final rule prohibiting most employers from binding the majority of American workers to post-employment non-competition agreements (Final Rule).
Trade Secret Protection Plans Provide Certainty to Employers
Employment Law Intellectual Property Trade Secrets The protection of trade secrets has long been understood to be a legitimate business interest, and, traditionally, companies have used non-competition clauses to protect their trade secrets. Now, with non-competition agreements in doubt and facing greater scrutiny, companies will need to rely on other protection mechanisms. Baker Donelson recently published an article called “The End of Non-Competition Agreements?
Trade Secret Protection Plans Provide Certainty to Employers | JD Supra
Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the majority of American workers to post-employment non-competition agreements (Final Rule).
Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI | JD Supra
The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the ability to create many forms of unique content (e.g., images, video content, text, poems, stories, musical compositions, sound recordings, and even deepfakes).
Artificial intelligence and copyright law: The NYT v. OpenAI - fair use implications of generative AI
(February 21, 2024) - Baker Donelson attorneys Edward D. Lanquist and Jeremy D. Ray analyze a major dispute involving the use of copyrighted content for machine learning and offer predictions of how that litigation could end. The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022.
New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act | JD Supra
Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and videos that are virtually indistinguishable from real life. These so-called "deepfakes" can be used to misappropriate virtually anyone’s image and likeness for unlawful commercial gain, embarrassment, or other nefarious purposes.
Artificial Intelligence: Intellectual Property Considerations for Your Business Operations | JD Supra
INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer support, search engine optimization, market research, and inventory management. Now, AI-enabled technologies have become a regular fixture of many software-based services, such as technologies built on conventional machine learning or complex neural networks.
Copyright Enforcement Against AI Tools Original
The U.S. Supreme Court’s opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as “art critics.” Many, however, downplay how the Supreme Court’s decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
Generative Artificial Intelligence Asks Questions of Innovation in Patent Law | JD Supra
Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable efficiencies for business operations.
Logo Brands v. Twenty-Six Designs, LLC
Plaintiff: Logo Brands, Inc. Defendant: Twenty-Six Designs, LLC Case Number: 3:2023cv01001 Filed: September 20, 2023 Court: US District Court for the Middle District of Tennessee Presiding Judge: Barbara D Holmes Referring Judge: Eli J Richardson Nature of Suit: Patent Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement Jury Demanded By: Plaintiff RSS Track this Docket This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
The Impact of the Supreme Court’s Goldsmith Decision on Copyright Enforcement Against AI Tools
Artificial Intelligence Copyrights Intellectual Property Technology Media and Telecom United States Supreme Court The U.S. Supreme Court’s opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities.
The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools | JD Supra
Introduction The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
Bottled in Bone: Court Sides with Jack Daniel's in Dog Toy Dispute – Trademark Fair Use is Limited | JD Supra
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of liquor distiller Jack Daniel's in its dispute over a dog toy designed to emulate the recognized whiskey bottle. Through this ruling, the Court clarifies the standards applicable to marks that are both expressive and used to designate source. At the Supreme Court, humor can only get you so far.
Intellectual Property Legal Issues Impacting Artificial Intelligence | JD Supra
Artificial intelligence (AI) is undoubtedly the hottest topic in technological innovation. The truth, however, is that conventional AI programs have long been applied as enterprise solutions for a variety of company services, including inventory management, customer-support management, search engine optimization, market research, and outbound email campaigns.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Edward
Contact Edward, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack