Business and AI counsel for startups, entrepreneurs and growing companies
This Insight was published as a Bloomberg Law Perspective in October 2026. The Bottom Line The insurance representation in your last technology acquisition was probably accurate. It also may have been worthless. Buyers of AI-enabled companies may be inheriting liabilities they incorrectly believe are insured, and representation and warranty insurance fails to fill the gap. … Read more
A slight variant of this insight was originally published in the ABA Journal, the flagship magazine of the American Bar Association, in September 2026 as part of its Your Voice series. When I first watched The Prisoner as a teenager, I was captured, in every sense, by its themes and its aesthetics. A secret agent resigns, is gassed in … Read more
This insight first appeared in Bloomberg Law in September 2026 under the title, “DOJ’s OpenAI Copyright Brief Previews AI Licensing’s Future.” The Bottom Line The Department of Justice told a federal judge this month that Congress, not the courts, should decide how artificial intelligence companies pay for the copyrighted material they use to train their … Read more
This Insight originally appeared in the September 2026 issue of the ABA Journal as part of the Mind Your Business series. Bar associations throughout the country have steadily issued ethics opinions regarding artificial intelligence. The ABA issued Formal Opinion 512 in July 2024. The Florida Bar issued Opinion 24-1 in January 2024. The State Bar of Texas issued Opinion 705 in … Read more
This article was originally published in New Jersey Lawyer in August 2026. When Fraud Moves Into the Closing Process Transactional lawyers have long treated fraud as a problem of deal substance: misstatements in financial disclosures, omissions in disclosure schedules, inaccuracies in representations and warranties. The risk, conventionally understood, lives in the four corners of the agreement. That … Read more
This article was originally published on Law360 in June 2026. On April 17, federal prosecutors unsealed a 10-count indictment in the U.S. District Court for the Eastern District of New York charging the CEO and chief financial officer of iLearningEngines Inc., a corporate education and training company claiming to utilize artificial intelligence, with securities fraud, wire … Read more
This article was originally published on Law360 in May 2026. Musk v. Altman, the highly anticipated technology trial of 2026, ended May 18 in Oakland, California — not with a verdict on the merits, but with a whimper: a ruling that Elon Musk simply waited too long to sue. A federal jury found unanimously that … Read more
A variant of this post was published in Deal Points, the Newsletter of the Mergers and Acquisitions Committtee of the American Bar Association. In mergers and acquisitions, contracts form the backbone of transactions, governing crucial aspects such as liabilities, obligations, warranties and intellectual property rights. The thorough analysis of these contracts is a critical component … Read more
This article was originally published in the April 2025 issue of New Jersey Lawyer, a publication of the New Jersey State Bar Association, and is reprinted with permission. Recent developments, such as the California Bar’s 2024 guidelines on AI use in legal practice, underscore the urgency of challenges faced by law firms in balancing technological … Read more