Business and AI counsel for startups, entrepreneurs and growing companies
Most companies negotiating an AI contract ask an important question: Who owns the output? But that may not be the question that creates the biggest business risk. A more important question may be: What happens if the AI provider changes the rules? A company can spend months building a critical process around an AI tool, training … Read more
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
In the 20th century, nuclear technology was developed with the hope of tapping into a powerful new source of energy. But its potential for catastrophic destruction as a weapon of mass destruction became undeniable with the atomic bombings of Hiroshima and Nagasaki during World War II, devastating both cities and causing immense loss of life. … 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
The data center backlash has gone national, and it is moving faster than the law that governs it. Trackers count hundreds of local pauses and prohibitions across dozens of states. San Marcos, Texas removed data centers from its list of allowed uses in June. Lysander, New York approved a six month pause. In New Jersey, East Orange introduced an ordinance barring … 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
Here is a question worth asking at your next management meeting: which AI tools are our employees using, and what are they putting into them? If the honest answer is that nobody knows, your company is typical. It is also exposed. In a global survey released this month, 64 percent of employees admitted using AI tools … Read more
The Term Sheet Was Six Miles Wide. Why the dinosaurs never invented artificial intelligence is usually answered with brain to body mass ratios and a shortage of opposable thumbs. That answer is lazy. The dinosaurs came close. Their failure was not cognitive. It was structural, procedural and in the end catastrophically uninsured. Start with the … Read more
Name, image and likeness compensation for college athletes just passed its fifth anniversary, and the ground has shifted again. The House v. NCAA settlement, approved in June 2025, let schools pay athletes directly for the first time and built a new compliance apparatus around third-party deals. But the most interesting legal questions in the NIL … Read more
The United States is regulating artificial intelligence the hard way. Congress has enacted exactly one AI-specific statute, the TAKE IT DOWN Act on nonconsensual intimate deepfakes, and comprehensive federal legislation remains stalled. Into that vacuum the states have poured roughly 1,200 AI bills, with 38 states adopting more than 100 AI laws in 2025 alone. January 1, … Read more