Disney and NBCUniversal have initiated a landmark federal lawsuit against Midjourney, a generative AI company, accusing it of massive copyright infringement involving unauthorized use of their copyrighted characters to train its AI and generate images and soon videos. The 110-page complaint, filed in the U.S. District Court for the Central District of California, alleges that … Read more
The SEC’s Division of Corporation Finance has issued a no-action letter addressing verification methods for accredited investors under Rule 506(c) of Regulation D. Key Points: The Division concurred that issuers can take reasonable steps to verify accredited investor status by requiring minimum investment amounts when combined with specific written representations from purchasers. The SEC previously … Read more
As a former Deputy Assistant Attorney General for New York State who defended against habeas corpus petitions, I’ve witnessed firsthand how this ancient writ serves as the last line of defense for those challenging potentially unconstitutional imprisonment. What began as technical work evolved into a profound appreciation for habeas corpus as a cornerstone of American … Read more
The SEC’s Division of Corporation Finance has issued a statement providing guidance on disclosure requirements for offerings and registrations of securities in the crypto asset markets. The statement offers clarity on how existing federal securities laws apply to these offerings while acknowledging the formation of the Crypto Task Force to develop a comprehensive regulatory framework. … Read more
In the realm of constitutional jurisprudence, few principles are as foundational as due process, a concept enshrined in the Fifth and Fourteenth Amendments of the United States Constitution. This bedrock principle, which prohibits government deprivation of “life, liberty, or property, without due process of law,” faces a significant test through the Trump administration’s novel application … Read more
The Trump administration’s recent expansion of tariffs has prompted many businesses to question whether significant tariff increases can trigger force majeure provisions in contracts. This issue has become increasingly urgent as companies navigate dramatically increased costs in 2025’s volatile global trade environment. Force majeure clauses typically excuse contractual obligations when extraordinary, unforeseeable events beyond either … Read more
As I write this, the United States is navigating complex legal and governance challenges that test the boundaries of established rule of law principles. The recent transition of power following the 2024 presidential election has prompted renewed attention to questions about executive authority, regulatory frameworks and judicial independence. Legal scholars and policy analysts across the … Read more
Amara’s Law, coined by futurist Roy Amara, encapsulates a critical observation about our perceptions of technological advancements: “We tend to overestimate the effect of a technology in the short run and underestimate the effect in the long run.” This principle serves as a guiding framework for understanding the lifecycle of new technologies, highlighting both the … Read more
Shoshana Walter of The Marshall Project has uncovered a deeply troubling trend in hospitals across the United States, women are being reported to child welfare authorities after drug tests detect substances that were actually prescribed during medical procedures. Her investigative piece reveals how hospitals are systematically misinterpreting drug test results, leading to traumatic consequences for … Read more
President Trump signed an executive order on March 6, 2025, establishing the Strategic Bitcoin Reserve and the United States Digital Asset Stockpile. This marks the first formal acknowledgment by the federal government of Bitcoin’s “strategic importance” as a national asset. The executive order designates Bitcoin as a unique store of value in the global financial … Read more
The Corporate Transparency Act (CTA) is sort of gone! No need to report now! ANOTHER UPDATE: On March 2, 2025, the U.S. Treasury Department announced it will suspend enforcement of the Corporate Transparency Act against U.S. citizens and domestic reporting companies. The key points of the announcement include: The Treasury Department stated this decision was … Read more
As artificial intelligence technologies continue to evolve and permeate various industries, the legal landscape surrounding their use becomes increasingly complex. One of the critical aspects that legal professionals must navigate is indemnification, particularly as it pertains to AI companies and their customers. This blog post explores the significance of indemnification in the context of AI, … Read more