Insights < BACK TO ALL INSIGHTS
Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
FEATURED
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…
My Brother’s Keeper
February 20, 2025
My Brother’s Keeper
By: Abbey Block
Am I my brother’s keeper? Or more specifically, can lawyers be sued for their clients’ bad behavior? A newly proposed bill out of Washington state says yes. The bill, HB 1891, provides the following legal framework, under which an attorney can be sued for injuries caused by his or her client who is released from detention pending trial: Any person injured by an individual who…
DOJ Memo Sneaks In Seismic Changes
January 31, 2025
DOJ Memo Sneaks In Seismic Changes
By: James Trusty
Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach…
Virtual Reality Creating Jury Reality
January 7, 2025
Virtual Reality Creating Jury Reality
By: James Trusty
A Florida Judge may have unwittingly ushered in a new age of criminal justice, where slickly made virtual reality (“VR”) presentations turn judges and jurors into witnesses, and VR headsets provide subjective “testimony” in a powerful and difficult to challenge manner. Broward County Judge Andrew Siegel agreed to don a virtual reality headset in a preliminary proceeding[1] where the defendant was accused of aggravated assault….
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
December 6, 2024
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
By: James Trusty
As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1] But what exactly is that history he claims is being re-written? Judge Scarsi was challenging…
Supremely Improbable
July 30, 2024
Supremely Improbable
By: James Trusty
President Biden’s pronounced objectives for Supreme Court “reform” are improbable, politically lifeless under a particularly lame duck presidency, and motivated by transparently November-driven calculations. But even if the proposed changes are doomed from the start, they push public discourse on a couple of issues that are red meat for the democrats. The stated reforms are superficially simple ones: 1) to “clarify” that “there is no…
