Oil States: SCOTUS Preserves IPR Status Quo

On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR) proceedings do not violate Article III or the Seventh Amendment. Article III vests the “judicial power of the United States” in the Article III courts. In holding that IPR does not violate Article III, the Court construed the grant of a patent as.. Read More

Data Privacy and Children

The topic of data privacy and information security is continually highlighted as one of the preeminent challenges of a rapidly advancing society. Issues of privacy and security are often seen challenging our current legal and technical capacity to control them, raising questions of risk, responsibility, and governance. This post discusses the challenge of data privacy from the oft forgotten lens of children as they increasingly participate in a data driven society at younger.. Read More

Post-GDPR: Will the U.S. Implement a Comprehensive Data Privacy Law?

On May 25, 2018, the European Union began to enforce its General Data Protection Regulation (GDPR), which aims to comprehensively protect data privacy by addressing how companies collect, store, and process personal data. The GDPR was adopted by the European Parliament and European Council in April 2016, following over four years of discussions regarding how to structure the complex law. The two-year delay in enforcement was primarily to allow businesses time to comply.. Read More

Enhancement or Replacement: The Advent of AI and the Future of the Legal Field

Artificial Intelligence (AI) is a broad term, used to describe how computers can mimic certain operations of the human mind. Upon hearing the term, many people had vaguely pictured sci-fi inspired images of machine-ruled futures and humanoid robots. As Google DeepMind’s AlphaGo program triumphed against South Korean Go grandmaster Lee Sedol in 2016, however, the neutral networks and machine learning techniques of AI were brought into public attention. A “neural network” is a.. Read More

Star Athletica and the Future of Design Litigation

For decades, the fashion industry has gone without the rigorous copyright protections that other creative industries have enjoyed. That may be rapidly changing. Historically, copyright law has provided little protection to clothing designs. This has led to a thriving, and perfectly legal, market for knock-offs. This is because unlike paintings, movies, songs, or sculptures, clothing designs have long been considered too utilitarian to fit naturally under copyright law – a legal regime built.. Read More