Tariff Increases as Force Majeure Events

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

Science Fiction Cinema’s Lessons for AI Integration in Legal Practice

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

The Rule of Law: Cornerstone of a Democratic Society

Current Developments 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 … Read more

The Hype Cycle and Amara’s Law

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

Hospital Drug Tests: Criminalizing New Mothers

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

Strategic Bitcoin Reserve

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

Is This the Final CTA Post?

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

Indemnification & AI Services

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

Is Shark Tank for Real?

The television show Shark Tank provides an engaging glimpse into the world of business investing, but the reality of venture capital is considerably more nuanced than the show’s dramatic portrayal suggests. While the series captures the excitement of entrepreneurial pitches and deal-making, it significantly simplifies the actual processes of venture investment. The television show typically … Read more

And Just Like That, the Corporate Transparency Act is NOT Back

Every time I blink, the need and timing to comply with the CTA changes. Check with your lawyer to make sure your compliance, if necessary, is timely. BUT WAIT!!! As it stands now, businesses subject to the CTA’s requirements will not be required to submit beneficial ownership reports until further court rulings are made. This … Read more

Navigating the Legal Minefield of AI-Generated Defamation

The emergence of AI-generated content platforms like SORA has ushered in a new era of creative possibilities, simultaneously unveiling a complex legal landscape fraught with challenges. At the forefront of these challenges lies defamation, a critical issue that highlights the tension between technological innovation and personal reputation. Defamation law has long protected individuals from false … Read more

Venture Capital: Roles, Rights & Responsibilities

In a previous post, I explored the pivotal role angel investors play in the startup ecosystem. These early backers provide critical funding and mentorship to fledgling companies while navigating a complex legal and regulatory environment. Venture capital, though building on similar foundations, operates on a much larger scale, with its own distinct set of legal … Read more

NJ Pushes Transparency in Employment Practices

Transparency in employment practices has become a cornerstone of fair and equitable workplaces, and a new law in New Jersey aims to strengthen these principles. The legislation requires employers to take proactive steps to ensure transparency in promotional opportunities and employment listings, providing employees and job seekers with critical information about opportunities and compensation. Under … Read more

Angel Investing: Roles, Rights & Responsibilities

In today’s dynamic startup ecosystem, angel investors play a pivotal role that extends far beyond simply writing checks. These high-net-worth individuals serve as crucial catalysts in the early-stage startup landscape, operating in a complex legal and regulatory environment that merits careful consideration. At its core, angel investing involves providing capital to early-stage startups in exchange … Read more

Corporate Transparency Act Halted

On December 3, 2024, the Eastern District of Texas issued a preliminary injunction against the Corporate Transparency Act (CTA), addressing several legal and constitutional considerations. The ruling centers on three primary aspects of the CTA, legislative scope, corporate disclosure requirements and potential constitutional implications. The court examined the act’s provisions through the lens of established … Read more

US Intelligence Charts Course for AI Use

The U.S. Intelligence Community (IC) is a federation of 18 organizations, including the CIA, the NSA and the Office of the Director of National Intelligence. It gathers and analyzes intelligence to conduct foreign relations and national security activities. The IC has recently interim guidance providing critical framework for how U.S. intelligence agencies can leverage artificial … Read more

ChatGPT Outdiagnoses Physicians

The New York Times reports that a groundbreaking study published in JAMA Network Open has revealed that artificial intelligence, specifically ChatGPT-4, demonstrated superior diagnostic capabilities than human physicians. This development raises important questions about medical liability, standard of care and the future integration of AI in healthcare settings. The research, led by Dr. Adam Rodman … Read more

Consumer Reports and Hiring

The Consumer Financial Protection Bureau (CFPB) has issued new guidance clarifying that employers must comply with the Fair Credit Reporting Act (FCRA) when using third-party background dossiers and algorithmic scoring systems for employment decisions. In Circular 2024-06, released October 24, 2024, the CFPB emphasizes that the rise of worker monitoring technology and AI-driven assessment tools … Read more

DOL Charts New Course for Workplace AI

The U.S. Department of Labor has unveiled comprehensive guidance on artificial intelligence in the workplace, marking a significant shift in how the federal government approaches workplace automation. This initiative, spearheaded by Acting Secretary Julie Su and responding to President Biden’s Executive Order on AI, provides a detailed framework for both AI developers and employers to … Read more

Marvel and DC Lose “Super Heroes” Trademark

In a striking development, Marvel Characters, Inc. and DC Comics have lost their trademark registrations for “SUPER HEROES” and “SUPER HERO” through a default judgment issued by the Trademark Trial and Appeal Board (TTAB) on September 26, 2024. The Historical Journey of “Super Hero” The path to this moment began not with Marvel or DC, … Read more