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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…
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
December 5, 2012
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
By: Ifrah Law
On November 9, 2012, in a unanimous opinion in United States v. Fair, the U.S. Court of Appeals for the D.C. Circuit found that the district court had abused its discretion in ordering restitution in the amount of $743,000 in a criminal copyright infringement case. The appeals court vacated the lower court’s restitution order, finding that the order was based on “a clear legal and…
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
December 4, 2012
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
By: Ifrah Law
A qui tam case that was recently dismissed on summary judgment may signal the next front in the legal enforcement war arising from off-label use of prescription medications. In United States ex rel. Watson v. King-Vassel et al., filed in the U.S. District Court for the Eastern District of Wisconsin, the complaint alleged that defendant Dr. Jennifer King-Vassel violated the Federal False Claims Act and…
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
November 26, 2012
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
By: Ifrah Law
After much uncertainty and discussion, the U.S. Department of Justice has finally issued official guidance regarding who qualifies as a “foreign official” under the Foreign Corrupt Practices Act (FCPA). This guidance was published on November 14, 2012, in the Resource Guide to the U.S. Foreign Corrupt Practices Act, a broad guide to enforcement and interpretation of the FCPA that the DOJ issued jointly with the…
Domain Names and the First Amendment: The Latest Word
November 21, 2012
Domain Names and the First Amendment: The Latest Word
By: Ifrah Law
The intersection of domain names and the First Amendment is not new. Indeed, in the early days of the domain name system, courts considered the issue of whether a domain name registrar could prohibit the registration of domain names on the basis of content – for instance, domain names containing profanities. See Nat’l A-1 Advertising, Inc. v. Network Solutions, Inc., 121 F. Supp. 2d 156…
China, Other Nations Need to Crack Down on Software Piracy
November 15, 2012
China, Other Nations Need to Crack Down on Software Piracy
By: Ifrah Law
Reuters recently quoted Tian Lipu, head of China’s State Intellectual Office, complaining about China’s reputation for rampant software piracy. According to Tian, “China is the world’s largest payer for patent rights, for trademark rights, for royalties, and one of the largest for buying real software . . . We pay the most. People rarely talk about this, but it really is a fact.” Tian’s protestations…
