Oil States: SCOTUS Preserves IPR Status Quo
On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR)…
Data Privacy and Children
The topic of data privacy and information security is continually highlighted as one of the preeminent challenges of a rapidly advancing society. Issues of privacy and security are often seen…
Post-GDPR: Will the U.S. Implement a Comprehensive Data Privacy Law?
On May 25, 2018, the European Union began to enforce its General Data Protection Regulation (GDPR), which aims to comprehensively protect data privacy by addressing how companies collect, store, and…
Enhancement or Replacement: The Advent of AI and the Future of the Legal Field
Artificial Intelligence (AI) is a broad term, used to describe how computers can mimic certain operations of the human mind. Upon hearing the term, many people had vaguely pictured sci-fi…
Star Athletica and the Future of Design Litigation
For decades, the fashion industry has gone without the rigorous copyright protections that other creative industries have enjoyed. That may be rapidly changing. Historically, copyright law has provided little protection…
Serova v. Sony Music Entertainment: Anti-SLAPP Motions and Unfair Competition Law
On August 30, 2018, Sony Music Group (Sony) and Michael Jackson’s estate (Estate) were handed a big win against a class of consumers who had purchased Michael Jackson’s posthumous self-titled…
Palin v. New York Times Company: A Potential Change to Defamation Law and Freedom of the Press
The Supreme Court has consistently recognized a profound national commitment to a free press and the “principle that debate on public issues should be uninhibited, robust, and wide-open.” New York…
Richard Prince, Copyright, and Appropriation Art: A Personal Perspective on Graham v. Prince , 265 F.Supp.3d 366 (S.D.N.Y. 2017)
The purpose of Copyright Law as enumerated by the United States Constitution is to “promote the progress of Science and useful Arts.” Artistic works are protected by copyright so that…
Copyright Office Review Board Denies Copyright Registration for Two Corporate Logos
Despite the growing pressure on corporations and organizations to strengthen legal protection of their corporate logos, their attempts to enlarge the utility of copyright law for this purpose have proven…
The Federal Circuit Weighs in on CRISPR
Gene editing was once quite difficult. Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade…