Business and AI counsel for startups, entrepreneurs and growing companies
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
Drive through almost any American suburb now and there is a good chance a Flock Safety camera is reading your license plate before you reach the next stop sign. The cameras have spread to thousands of towns, homeowners associations and police departments, and the question residents keep asking is simple: is this legal? The honest … 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
Eight days into a federal trial in Oakland, Meta stopped fighting. On August 26, 2026, the company and a bipartisan coalition of state attorneys general filed a proposed consent judgment and a joint motion to enter it, resolving claims that Instagram and Facebook were built to addict children and that Meta lied about it. The money is the … Read more
On July 17, 2026, a federal appeals court held that New Jersey’s ban on semi-automatic rifles and its ban on magazines holding more than ten rounds both violate the Second Amendment of the U.S. Constitution. The en banc Third Circuit decision came down 10 to 5, and the opinions run to roughly 192 pages. Both laws are … 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
For 30 years the qualified small business stock (QSBS) exclusion sat demurely in Section 1202 of the Internal Revenue Code, a generous benefit that few founders planned for and many discovered only after it was too late to qualify. That obscurity is ending. The One Big Beautiful Bill Act, signed into law on July 4, 2025, delivered the … Read more
This insight was originally published by Slate under the title The Trump Immunity Deal Is Neither a Deal Nor Does It Provide Immunity. A single sheet of paper sits somewhere in the files of the Justice Department announcing, in capital letters, that the United States is “FOREVER BARRED and PRECLUDED” from pursuing any claims against … 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