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Articles by Michael Justus
AI Makes Securing Copyright Protection for Software Code Tricky Guide Original
Copyright protection for software code is being sacrificed, knowingly or not, for the speed and efficiency of AI coding. This rapid shift in the role of humans from writing code to managing artificial intelligence tools upends traditional copyright protection strategies. Original human-written code is generally copyrightable. But AI-generated code that lacks human authorship is ineligible for copyright protection under US law.
False Ad Suit Shows Need For Clear, Conspicuous Disclosure
By Michael Justus ( January 29, 2026, 3:58 PM EST) -- Advertisers often seek to clarify claims and offers using disclosures or disclaimers, e.g., asterisked text at the bottom of an ad. But advertising disclosure practice is not the Wild West.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Ambitioniertes Jazz-Quintett sucht Bassisten
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Privacy, Data And Cybersecurity Quick Clicks | Issue 29
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
Privacy, Data and Cybersecurity Quick Clicks | Issue 29 | JD Supra
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
Privacy, Data and Cybersecurity Quick Clicks | Issue 29
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
AI Governance Remains Critical Despite Political Pendulum Swings
Businesses increasingly rely on AI and generative AI for myriad uses. A new body of "AI law" is forming—and some legal requirements are now live. AI governance is a mandatory compliance function right now rather than next quarter or next year. AI law is a patchwork across jurisdictions and can be hard to pin down. While some jurisdictions are enacting new laws, others are pulling back.
AI governance remains critical despite political pendulum swings | JD Supra
Businesses increasingly rely on AI and generative AI for myriad uses. A new body of “AI law” is forming—and some legal requirements are now live. AI governance is a mandatory compliance function right now rather than next quarter or next year. AI law is a patchwork across jurisdictions and can be hard to pin down. While some jurisdictions are enacting new laws, others are pulling back.
Kattison Avenue | Issue 14 | JD Supra
May 14, 2025 Christopher Cole, Terry Green, Michael Justus, Jessica Kraver, Catherine O'Brien Katten Muchin Rosenman LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. Please see full publication below for more information.
AI Governance Remains Critical Despite Political Pendulum Swings
Businesses increasingly rely on AI and generative AI for myriad uses. A new body of “AI law” is forming—and some legal requirements are now live. AI governance is a mandatory compliance function right now rather than next quarter or next year. AI law is a patchwork across jurisdictions and can be hard to pin down. While some jurisdictions are enacting new laws, others are pulling back.
Choose Your GenAI Model Providers, Models, And Use Cases Wisely
Generative AI (GenAI) vendors, models, and uses cases are not created equal. Model providers must be trusted to handle sensitive data. Models, like tools in a toolbox, may be better suited for some jobs than others. Use cases vary widely in risk. When it comes to selection of GenAI model providers (e.g., tech companies and others offering models) and their models, due diligence is wise.
Choose your GenAI model providers, models, and use cases wisely | JD Supra
Generative AI (GenAI) vendors, models, and uses cases are not created equal. Model providers must be trusted to handle sensitive data. Models, like tools in a toolbox, may be better suited for some jobs than others. Use cases vary widely in risk. When it comes to selection of GenAI model providers (e.g., tech companies and others offering models) and their models, due diligence is wise.
Choose Your GenAI Model Providers, Models, and Use Cases Wisely
Generative AI (GenAI) vendors, models, and uses cases are not created equal. Model providers must be trusted to handle sensitive data. Models, like tools in a toolbox, may be better suited for some jobs than others. Use cases vary widely in risk. When it comes to selection of GenAI model providers (e.g., tech companies and others offering models) and their models, due diligence is wise.
Two Takeaways From The U.S. Copyright Office's Jan. 2025 Report On AI-Created Works
The U.S. Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI. (The highly anticipated Part 3, which is forthcoming, will address copyright infringement and fair use issues involving generative AI.) Two key takeaways from Part 2 are as follows. 1. No softening of the "human authorship" requirement.
Two takeaways from the U.S. Copyright Office's Jan. 2025 report on AI-created works | JD Supra
The U.S. Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI. (The highly anticipated Part 3, which is forthcoming, will address copyright infringement and fair use issues involving generative AI.) Two key takeaways from Part 2 are as follows. 1. No softening of the “human authorship” requirement.
Two Takeaways from the U.S. Copyright Office's Jan. 2025 Report on AI-Created Works
The U.S. Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI. (The highly anticipated Part 3, which is forthcoming, will address copyright infringement and fair use issues involving generative AI.) Two key takeaways from Part 2 are as follows. 1. No softening of the “human authorship” requirement.
Generative AI Is Facing Decisive Battles In War Over Fair Use
Katten partner examines two court cases over AI training data Copyright Office guidance will influence fair use in AI The legality of generative artificial intelligence rests in part on copyright law, and the law's tolerance for training generative AI models with third-party works without permission could affect the overall legal viability of current technology.
Generative AI Is Facing Decisive Battles in War Over Fair Use Original
The legality of generative artificial intelligence rests in part on copyright law, and the law’s tolerance for training generative AI models with third-party works without permission could affect the overall legal viability of current technology. Model developers argue that generative AI models need third-party copyrighted data, because the public domain and licensed data currently available is insufficient for the vast volume of data needed for training.
Financial Products And Services And Bot-To-Bot Communications: What The Future Holds For Customers And Providers
Money 20/20 has come to a close in Las Vegas. What is usually a leading industry conference predominantly focused on consumer and commercial payments markedly "pivoted" this year.
Financial Products and Services and Bot-to-Bot Communications: What the Future Holds for Customers and Providers | JD Supra
Money 20/20 has come to a close in Las Vegas. What is usually a leading industry conference predominantly focused on consumer and commercial payments markedly "pivoted" this year.
Privacy, Data and Cybersecurity Quick Clicks | Issue 20 | JD Supra
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
Privacy, Data and Cybersecurity Quick Clicks | Issue 20
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
ABA Committee Addresses Using Generative AI in Legal Practice
The American Bar Association’s (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512, attempting to provide guidance on the ethical considerations for lawyers using generative artificial intelligence (GAI) tools. While the opinion addresses important issues, it may raise as many questions as it answers regarding the use of GAI in legal practice.
ABA Weighs in on Generative AI Use in Legal Practice | JD Supra
The American Bar Association’s (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512, attempting to provide guidance on the ethical considerations for lawyers using generative artificial intelligence (GAI) tools. While the opinion addresses important issues, it may raise as many questions as it answers regarding the use of GAI in legal practice.
ABA Weighs In On Generative AI Use In Legal Practice
The American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512, attempting to provide guidance on the ethical considerations for lawyers using generative artificial intelligence (GAI) tools. While the opinion addresses important issues, it may raise as many questions as it answers regarding the use of GAI in legal practice.
ABA Weighs in on Generative AI Use in Legal Practice
The American Bar Association’s (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512, attempting to provide guidance on the ethical considerations for lawyers using generative artificial intelligence (GAI) tools. While the opinion addresses important issues, it may raise as many questions as it answers regarding the use of GAI in legal practice.
Privacy, Data And Cybersecurity Quick Clicks | Issue 19
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
Privacy, Data and Cybersecurity Quick Clicks | Issue 19 | JD Supra
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
New Colorado AI Act Targeting 'Algorithmic Discrimination' Provides AI Compliance Lessons
Starting February 1, 2026, businesses must comply with requirements of the Colorado AI Act (the Act) (SB 205) if they use artificial intelligence (AI) tools to make "consequential" decisions about Colorado consumers' education, employment, financial or lending services, essential government services, health care, housing, insurance or legal services. The new law focuses on addressing "algorithmic discrimination" by high-risk AI systems.
New Colorado AI Act Targeting 'Algorithmic Discrimination' Provides AI Compliance Lessons
Starting February 1, 2026, businesses must comply with requirements of the Colorado AI Act (the Act) (SB 205) if they use artificial intelligence (AI) tools to make "consequential" decisions about Colorado consumers' education, employment, financial or lending services, essential government services, health care, housing, insurance or legal services. The new law focuses on addressing "algorithmic discrimination" by high-risk AI systems.
New Colorado AI Act Targeting 'Algorithmic Discrimination' Provides AI Compliance Lessons
Starting February 1, 2026, businesses must comply with requirements of the Colorado AI Act (the Act) (SB 205) if they use artificial intelligence (AI) tools to make "consequential" decisions about Colorado consumers' education, employment, financial or lending services, essential government services, health care, housing, insurance or legal services. The new law focuses on addressing "algorithmic discrimination" by high-risk AI systems.
Supervising FINfluencers' Social Media Spin: Don't Believe Everything You View On Your Phone
In the all-encompassing age of social media, a new breed of influencers has emerged — FINfluencers (financial influencers). These individuals leverage their significant number of followers on social mediaon platforms such as Instagram, TikTok, YouTube, and X (formerly Twitter) to make those followers aware of a broker-dealer and its services.
Supervising FINfluencers' Social Media Spin: Don't Believe Everything You View on Your Phone
In the all-encompassing age of social media, a new breed of influencers has emerged — FINfluencers (financial influencers). These individuals leverage their significant number of followers on social mediaon platforms such as Instagram, TikTok, YouTube, and X (formerly Twitter) to make those followers aware of a broker-dealer and its services.
Issue 13 - Securities - United States
Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters. By Farzad Damania, Ryan Lilley On April 4, the Securities and Exchange Commission (SEC) issued an order staying the implementation of the recently finalized climate disclosure rules (Final Rules) in response to the consolidated legal challenges in the US Court of Appeals for the Eighth Circuit.
100% Pure, Natural False Advertising Litigation
One of the worst-kept secrets among the plaintiffs' bar is that claims like “pure” and “natural” on consumer-product labels can lead to class-action claims. Two recent court decisions denying motions to dismiss underscore the continued risk. In Winans v.
National Advertising Division Reviewing AI Ad Claims
During the recent ANA Advertising Law 1-Day Conference at Katten’s New York office, Laura Brett, Vice President of the National Advertising Division (NAD) at BBB National Programs, confirmed that NAD is currently reviewing AI-related advertising claims in a number of pending monitoring cases. The details of the cases are not public at this time.
Kattison Avenue | Issue 12
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KATTISON AVENUE Advertising Law Insights From Madison Avenue and Beyond Spring 2024 | Issue 12 Letter From the Editor We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office.
By Jessica Kraver, Karen Ash, Kristin J. Achterhof, Christopher Cole Verified, Michael Justus, Cynthia Martens, Daniel H. Render, Lauren Eiten, Amelia Bruckner, Sarah Simpson Verified
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Lexology
Verified
Lawsuits Faced by Advertisers Making Pure and Natural Claims
One of the worst-kept secrets among the plaintiffs’ bar is that claims like “pure” and “natural” on consumer-product labels can lead to class-action claims. Two recent court decisions denying motions to dismiss underscore the continued risk. In Winans v.
ESG Guidepost | Issue 13 | JD Supra
Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters. To read more issues of Katten ESG Guidepost, please click here.
100% Pure, Natural False Advertising Litigation | JD Supra
One of the worst-kept secrets among the plaintiffs’ bar is that claims like “pure” and “natural” on consumer-product labels can lead to class-action claims. Two recent court decisions denying motions to dismiss underscore the continued risk. In Winans v.
100% Pure, Natural False Advertising Litigation
One of the worst-kept secrets among the plaintiffs’ bar is that claims like “pure” and “natural” on consumer-product labels can lead to class-action claims. Two recent court decisions denying motions to dismiss underscore the continued risk. In Winans v.
Privacy, Data And Cybersecurity Quick Clicks
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
Privacy, Data and Cybersecurity Quick Clicks | Issue 16 | JD Supra
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
Unraveling The Legal And Regulatory Maze Of Generative AI: 10 Areas To Watch
During the ANA Advertising Law One Day Conference at Katten's New York office on March 20, Intellectual Property Partners Kristin Achterhof and Michael Justus, who leads the firm's Artificial Intelligence (AI) Working Group, hosted a panel discussion about the legal and regulatory challenges of generative AI (GenAI), particularly as it relates to marketing and advertising.
NAD Following FTC's Footsteps In AI Regulation
During the recent ANA Advertising Law 1-Day Conference at Katten's New York office, Laura Brett, Vice President of the National Advertising Division (NAD) at BBB National Programs, confirmed that NAD is currently reviewing AI-related advertising claims in a number of pending monitoring cases. The details of the cases are not public at this time.
Unraveling the Legal and Regulatory Maze of Generative AI: 10 Areas to Watch | JD Supra
During the ANA Advertising Law One Day Conference at Katten’s New York office on March 20, Intellectual Property Partners Kristin Achterhof and Michael Justus, who leads the firm’s Artificial Intelligence (AI) Working Group, hosted a panel discussion about the legal and regulatory challenges of generative AI (GenAI), particularly as it relates to marketing and advertising.
NAD Following FTC's Footsteps in AI Regulation | JD Supra
During the recent ANA Advertising Law 1-Day Conference at Katten’s New York office, Laura Brett, Vice President of the National Advertising Division (NAD) at BBB National Programs, confirmed that NAD is currently reviewing AI-related advertising claims in a number of pending monitoring cases. The details of the cases are not public at this time.
Unraveling the Legal and Regulatory Maze of Generative AI: 10 Areas to Watch
During the ANA Advertising Law One Day Conference at Katten’s New York office on March 20, Intellectual Property Partners Kristin Achterhof and Michael Justus, who leads the firm’s Artificial Intelligence (AI) Working Group, hosted a panel discussion about the legal and regulatory challenges of generative AI (GenAI), particularly as it relates to marketing and advertising.
NAD Following FTC's Footsteps in AI Regulation
During the recent ANA Advertising Law 1-Day Conference at Katten’s New York office, Laura Brett, Vice President of the National Advertising Division (NAD) at BBB National Programs, confirmed that NAD is currently reviewing AI-related advertising claims in a number of pending monitoring cases. The details of the cases are not public at this time.
District Court Refuses to Dismiss Putative Class Action Challenging Meaning of 'Carbon Neutral' Claim | JD Supra
Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the advertised product or process, which is often achieved by the company's purchase of "carbon offsets" – voluntary carbon emissions reductions or removals that occur somewhere else in the world, such as through planting of forests.
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