You are counsel for a company which just developed an innovative process incorporating a generative artificial intelligence (Gen AI) component. For example, Tech Company may have designed AI-powered personalized health assistant designed to provide real-time health monitoring and personalized health recommendations. The technology leverages Gen AI-driven interfaces to allow users in conversational form to use
Emerging Technology Views
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Managing Legal Risks in AI Implementation (Risk Management)
Integrating artificial intelligence and other emerging technologies has become a strategic imperative for companies aiming to expand their product offerings and remain competitive. Product development and legal teams must carefully navigate legal and regulatory challenges when planning and developing an AI tool to avoid common pitfalls. To seamlessly and effectively implement AI and other emerging…
OpEd: IP Due Diligence Helps EmergingTech Companies Find Exits
In the world of emerging technology, entrepreneurs and early-stage companies aim for acquisition or IPO. One of the most valuable intangible assets for those companies to achieve successful exits is their intellectual property (IP). Before pursuing an exit, an emerging tech company should conduct thorough IP due diligence to evaluate the strength, value and risks…
NIST Issues AI Risk-Management Guidance
On July 26, the U.S. government’s National Institute of Standards and Technology (NIST) issued four guidance documents – three final versions and one draft open to public comment – related to artificial intelligence development and implementation. Each was issued pursuant to instructions under the Biden administration’s AI Executive Order 14110, which directed several U.S. government…
USPTO Issues New Guidance on Patent Subject Matter Eligibility for AI Inventions
In response to the rapid advancements in artificial intelligence (AI) and the evolving landscape of patent law, the United States Patent and Trademark Office (USPTO) has issued a comprehensive guidance update on patent subject matter eligibility, particularly focusing on AI inventions. This update, aligned with Executive Order 14110 on the “Safe, Secure, and Trustworthy Development…
Key Takeaways From the Latest USPTO Guidance on AI
On April 11, 2024, the U.S. Patent and Trademark Office issued Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the U.S. Patent and Trademark Office (April Guidance). The April Guidance, which supplements prior guidance issued Feb. 13, 2024, seeks to remind practitioners of existing rules and to educate them on potential risks associated…
Washington Court Rejects Novel Use of AI-Enhanced Video in Trial
In what appears to be an issue of first impression, a Washington state superior court judge in State of Washington v. Puloka recently rejected the admission of video exhibits “enhanced by artificial intelligence” for use in a jury trial.
USPTO Issues Guidance on Use of AI-Based Tools
On April 11, 2024, the U.S. Patent and Trademark Office (USPTO) issued Guidance on Use of Artificial-Intelligence-Based Tools (Guidance), which applies existing rules and policies to the use of artificial intelligence (AI) in practice before the USPTO. The Guidance was issued pursuant to President Biden’s October 2023 “Executive Order on Safe, Secure, and Trustworthy…
Fortune 500 Terms of Use Utilize Varying Arbitration Providers
Greenberg Traurig’s study of the website practices of the Fortune 500 revealed that of the 28% of Fortune 500 companies that have an arbitration provision in their terms of use agreement, the companies were split as to which arbitration provider (if any) was named. The American Arbitration Association has the largest percentage at 56%, with…
FTC Votes to Ban Noncompete Clauses Nationwide
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of banning noncompete clauses. The FTC first proposed the Noncompete Clause Rule on Jan. 19, 2023, under sections 5 and 6(g) of the FTC Act. GT previously covered the FTC’s request for comments.