Disparagement? Fuhgeddaboudit!

On May 7, 2024, the New Jersey Supreme Court ruled that non-disparagement provisions preventing the discussion of discrimination, retaliation or harassment claims are unenforceable. This decision emerged from Christine Savage’s case against the Township of Neptune Police Department. Savage, who had previously settled a lawsuit under the New Jersey Law Against Discrimination (LAD), later made … Read more

Vesting Equity in Startups

For many, the allure of joining a startup lies in the potential for equity ownership and the opportunity to shape a company from the ground up. However, equity compensation in startups is typically governed by a critical mechanism known as vesting, which determines how and when employees and founders earn their stakes over time. Let’s … Read more

AI and Energy Consumption

While AI offers promising opportunities for energy optimization and environmental benefits, its energy requirements and potential for contributing to greenhouse gas emissions must be carefully considered and addressed through responsible development and policy making. AI energy issues are a major consideration that deserve particular study. The training and operation of AI systems can be extremely … Read more

White House: Fight AI-Enabled Sexual Abuse

In a new call to action, the Biden administration is urging technology companies and other stakeholders to take voluntary measures to curb the rapidly growing issue of image-based sexual abuse, including abusive content generated using artificial intelligence. Recognizing that this form of gender-based violence disproportionately harms women, girls and LGBTQI+ people, the White House is … Read more

Legal Engagement Letters

An engagement letter is the contract that comprehensively defines and governs the attorney-client relationship. The letter serves the critical function of allowing the lawyer and client to formally memorialize the scope, terms, and mutual understandings regarding all aspects of the legal engagement from the outset. A key component is precisely identifying who the client is … Read more

AI and Scarlett Johansson

In a bizarre case of life imitating art, actress Scarlett Johansson finds herself in a battle with OpenAI over the AI company’s alleged unauthorized mimicking of her distinctive voice. Back in 2013, Johansson voiced an advanced AI virtual assistant named Samantha in the Spike Jonze film “Her,” playing a role that explored the future implications … Read more

The Legacy of Ivan Boesky

Ivan Boesky’s story came to an end on May 20, 2024, when he passed away at the age of 87. His legacy, however, lives on in the transformed landscape of securities regulation, a constant reminder of the consequences of greed and the SEC’s commitment to maintaining fair and transparent markets. In the 1980s, the name … Read more

AI and Pharma

Artificial Intelligence is poised to transform the pharmaceutical industry in profound ways. From the earliest stages of drug discovery to post-market surveillance, AI offers powerful tools and capabilities that can streamline processes, uncover novel insights and ultimately accelerate the development of safer and more effective medications. One of the most promising applications of AI in … Read more

Effective Non-Disclosure Agreements

Drafting a non-disclosure agreement (NDA) requires careful consideration to ensure its effectiveness and enforceability. By addressing common mistakes and incorporating additional considerations, parties can create a robust agreement that protects confidential information while promoting a fair and transparent business relationship.

AI and Targeted Advertising

Leveraging AI for targeted advertising is a powerful tool for small businesses to maximize their marketing impact and reach the right audiences. However, as exciting as this technology is, it must be implemented responsibly and with a strong emphasis on protecting consumer privacy and data rights. Striking the right balance is crucial for building trust … Read more

Key Issues in SAFEs

There are important issues that need to be carefully considered and discussed with respect to SAFE (Simple Agreement for Future Equity) agreements. (Yes, I know that’s redundant.) Let’s take a look: Valuation Cap This is arguably one of the most critical aspects of a SAFE. The valuation cap essentially sets the maximum valuation at which … Read more

Another Suit on AI Use of Copyrighted News

A new front has opened up in the ongoing battle between tech giants and content creators. Eight major daily newspapers owned by Alden Global Capital have sued OpenAI and Microsoft, accusing the tech behemoths of illegally using millions of copyrighted news articles to train their AI chatbots, including the ChatGPT and Microsoft’s Copilot. The lawsuit, … Read more