AI and Fair Use When the New York Times sued OpenAI, the allegation grabbing the most headlines concerned ChatGPT sometimes producing, as output to the user, all or substantially all of an actual article previously published by the Times. It has been widely reported that OpenAI accuses the Times of deliberately instigating GPT to “regurgitate”
Before the COVID-19 pandemic, I could count my monthly court appearances on both hands. Nowadays, stepping into a courtroom feels almost nostalgic. The pandemic didn’t just shake things up; it flipped California’s justice system on its head. Remote technology made legal proceedings more accessible and efficient. What began as a temporary fix, born of necessity,
Calling the Defendant as an Adverse Witness As a plaintiff at trial, there is no better way to prove your case than through the mouth of the defendant. Securing statements directly from the defendant can often provide the most compelling evidence for your case. When jurors hear incriminating or contradictory statements from the defendant themselves,
In its ongoing efforts to satisfy ChatGPT’s colossal appetite for content on which to “train” its algorithms, OpenAI continues to announce major licensing deals with partners ranging from traditional publishing stalwarts like Time and The Atlantic to user-generated content platforms like Reddit and Stack Overflow (and its sister site Stack Exchange, which will be referred
United States Law Suits I have represented countless foreign entrepreneurs and businesses evaluating or negotiating a potential business relationship in the United States. One of the toughest things I have to do is explain why the U.S. legal system is so different from what these clients are used to in Europe, Asia, or elsewhere. Business
“Everything” is Recorded . . . . With smartphones in everyone’s pockets, secretly recording conversations has become almost second nature for some. These recordings might seem like the ultimate evidence in legal battles, but beware: they’re usually inadmissible in court and often illegal to obtain. So, what happens when your “smoking gun” is an illegal
We are pleased to announce the addition of an esteemed litigation team to the Oregon office. Matt Goldberg, Nicole Gossett-Roxbury, and Deb Fernando have joined our law firm from Lotus Law Group. They will continue to focus on high-stakes business and real estate litigation. Their clients include business owners and operators, investors, financial institutions, and
I recently returned from the iTech Law Conference in Washington, DC, where I spoke on a panel about smart contracts and DAOs (decentralized autonomous organizations). I was joined by two impressive international tech lawyers, Julia Pazos (Brazil) and Katarzyna Szczudlik (Poland). These are some of the questions our panel discussed. How Do Lawyers Think About
What is the EU CBAM? Over the past few months, a number of my US clients that export to countries in the European Union (EU) have sought my help in getting clarity regarding the new EU Carbon Border Adjustment Mechanism (CBAM). This surge in client inquiries stems from their EU-based customers requiring that these American
The Court Rules are Everything For lawyers, adherence to rules is paramount. Attorneys thrive on structure, order, and, you guessed it, rules. But here’s the thing: being a good attorney isn’t just about knowing the rules; it’s about using them to help our clients succeed. That’s where the real lawyering happens. Great attorneys go beyond
