Many insurers, and the businesses they cover, are still treating artificial intelligence (AI) risk as if it were cyber risk cloaked in a costume. That instinct is understandable since AI systems process data, rely on vendors, create operational dependencies, and sit inside digital infrastructures. However, early litigation is showing why that framing is likely incomplete.
Privacy Tip #492 – FTC Enforcing the Take It Down Act
On May 19, 2026, the Federal Trade Commission (FTC) announced that it will begin enforcing the Take It Down Act (TIDA) immediately. TIDA was made law in May 2025 and requires platforms to remove non-consensual intimate imagery within 48 hours of being notified. It provides criminal penalties for the publication of non-consensual intimate imagery and
Ping® by Adlerlaw May 2026 – Navigating AI Liability in Business Contracts
Twelve Point Contract Drafting Checklist, plus Business Contracts & AI – What You Need To Know
Key Stat
Companies are deploying AI faster than they are updating contracts to address AI-generated risk. According to a recent Cost of a Data Breach Report 2025 by IBM, 63% of organizations lacked formal AI governance policies. (IBM
Wrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPR
In mCom IP, LLC v. City National Bank of Florida, the Federal Circuit reversed an award of attorneys’ fees under 35 U.S.C. § 285 against the patent owner and sanctions under 28 U.S.C. § 1927 against its counsel, holding that neither the patent owner’s decision to litigate patent claims surviving inter partes review (IPR)
Chill out: Numerical claim terms properly limited by industry standards
The US Court of Appeals for the Federal Circuit affirmed a noninfringement finding, concluding that a claim limitation reciting a pH range having only a lower limit referred to pH measured at standard temperature in the art. The Court also found that prosecution history estoppel and the disclosure-dedication rule foreclosed reliance on the doctrine of
Appellate deference: Reinforcing limits on reweighing evidence
Clarifying the proper scope of appellate review, the US Court of Appeals for the Federal Circuit affirmed an International Trade Commission final determination in full. The Court upheld the scope of the exclusion of only certain accused products and permitted importation of redesigned versions, concluding that the Commission correctly viewed the evidence and claim terms.
Shocking: Fifth Circuit affirms disgorgement award based on willful infringement
The US Court of Appeals for the Fifth Circuit affirmed a finding of trademark infringement and unfair competition under the Lanham Act and Texas law, upholding an award of profits based on willful infringement. The Court vacated and remanded the permanent injunction as overbroad, however. Trojan Battery Co., L.L.C. v. Golf Carts of Cypress, L.L.C.,
The EU Court’s Nifty Legal Kraftwerk In Finally Defining “Pastiche”:
The EU Court’s Nifty Legal Kraftwerk In Finally Defining “Pastiche”:
…And What That Could Mean on Both Sides of the Atlantic & the Galaxy
By James P. Flynn, Epstein Becker Green
In the beginning (defined as 1977), there was a two-second rhythm loop. Kraftwerk, the Düsseldorf electronic music pioneers whose synthesizer-driven soundscapes helped define
AI in Marketing: Where Every Brand Should Start in 2026
AI is now a core part of creating modern marketing materials. Creative teams are using AI to create content, personalize experiences, streamline design workflows, and scale creative production faster than ever. As these AI tools continue to evolve, so do the opportunities and the risks.
This guide breaks down challenges marketers face today and the
AI for Attorneys: Risks & Rewards
On Thursday, May 28, 2026 from 1:00 p.m. to 4:00 p.m. the P. Michael Mahoney Chapter of the Federal Bar Association will host a complimentary CLE program titled “AI for Attorneys: Risks & Rewards”.
The program will address opportunities and risks artificial intelligence presents to the legal profession. Panelists include:
- Maura R. Grossman, Research Professor