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Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
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January 5, 2026
Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
By: Abbey Block
Litigation Update: Open AI’s Discovery Woes and Fair Use Defenses in Infringement Lawsuits Since its formation in 2015, the artificial intelligence company “Open AI” – most known for its creation of the widely used chatbot, “ChatGPT” – has faced its fair share of legal disputes. Two of the most notorious lawsuits, one filed by the New York Times and the other by a class of prominent fiction authors, are moving full steam ahead, illustrating the complex interplay of legal rights, litigation tools, and technological innovation. This blog post examines the most recent developments in the lawsuits, and considers what these developments mean for the parties, and the future of artificial intelligence more broadly. Judge Orders Open AI to Disclose Chat…
The Truth Will Out – Even About Mar-a-Lago
December 27, 2025
The Truth Will Out – Even About Mar-a-Lago
By: James Trusty
The Truth Will Out is a fairly obscure phrase that was popularized in Shakespeare’s “The Merchant of Venice.” It suggests that even against the most active obstruction and obfuscation, the Truth seemingly has an invisible hand behind it that relentlessly—if slowly—pushes it into plain view. Nearly 2 ½ years after the FBI’s raid on Mar-a-Lago, the Truth may be emerging into the daylight. August 8,…
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
November 12, 2025
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
By: Robert Ward
For years, the U.S. Sentencing Commission’s Guidelines Manual has guided courts through a three-step process to determine the sentence to be imposed. At a high level, that process looked like this: First, the court would calculate the guideline range based on relevant offense conduct and related factors, along with the defendant’s criminal history. Second, the court would consider the Sentencing Commission’s policy statements or commentary…
How to Raise Capital Through Registration Exempt ICOs
May 15, 2018
How to Raise Capital Through Registration Exempt ICOs
By: Jeff Ifrah
The SEC has strongly indicated that initial coin offerings (ICOs) will be treated as securities, and thus must comply with various registration and disclosure requirements before being used to raise capital. Companies do have, however, several options for possible exemptions from the regulatory requirements that apply to registered public offerings. This chart outlines potential exemptions to the regulatory requirements for ICOs and the criteria for…
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
April 23, 2018
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
By: Ifrah Law
Deputy Attorney General Rod Rosenstein will be arguing before the Supreme Court today for the first time in his nearly thirty-year government career even as rumors abound that Donald Trump is talking about firing him to cut off investigations into his administration’s Russia ties. Although the United States is usually represented before the Supreme Court by the Solicitor General, it is not uncommon for…
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
March 26, 2018
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
By: Jeffrey Hamlin
As of March 21, 2018, both chambers of Congress have approved H.R. 1865—the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). In a rare show of bipartisanship, both Houses approved the bill with veto-proof majorities—the House by a vote of 388 to 25 and the Senate by a vote of 97 to 2. But some free-speech advocates, internet-law experts, and…
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
March 2, 2018
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
By: Ifrah Law
As previewed in our previous post, the United States Securities and Exchange Commission (“SEC”) unanimously approved new cybersecurity interpretive guidance—a format used to clarify the SEC’s views on security laws and regulations—on Wednesday of last week. The guidelines make no mention of how they affect and interplay with other regulators’ data privacy requirements, so whether compliance with these guidelines absolves companies of liabilities is a…
If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.
March 1, 2018
If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.
By: Jeff Ifrah
As predicted, the Securities and Exchange Commission (SEC) has taken additional steps to clamp down on the exploding ICO market: yesterday the Wall Street Journal reported the agency had issued “dozens of subpoenas and information requests to technology companies and advisors.” After repeated warnings from regulators like SEC Chairman Jay Clayton, the SEC is now sending its message loud and clear: every ICO involves the sale…
