Ryan Dowell

The USPTO’s new guidance on §101 in AI and software cases gives applicants — and their counsel — stronger footing to challenge weak rejections and frame claims around real technical advances. Read more: https://lnkd.in/g_xmxyMz Authors: Steven D. Shipe | Scott Simmonds #USPTO #PatentLaw #AI #IP

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Gregory P. Silberman and Anthony Glosson recently published "NY RAISE Act Raises The Bar For Frontier AI Developers" with Law360's Expert Analysis. They cover who the NY RAISE Act applies to, why it matters, and what to do going forward. Read the full article here: https://lnkd.in/eix9iDX4

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Kerri Chewning will serve as a panel moderator at the Association of the Federal Bar of New Jersey’s Annual Judicial Conference. The session will focus on practical, ethically deployed AI tools that are already transforming litigation, all without replacing lawyers or threatening jobs. The panel will explore how affordable, responsible AI is helping firms of all sizes streamline litigation and work more efficiently and effectively.   For information on all of the panels and to register: https://bit.ly/4ayJv8w #AFBNJ

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A Hinshaw legal team led by partners Ellis Oster and Robert D. Bailey recently helped secure the first-ever appellate-level ruling in New York addressing sanctions for the misuse of generative AI in legal submissions. ● In its ruling, the court affirmed all lower‑court orders and rejected the borrower’s remaining challenges, concluding that the appeal lacked merit. ● The court also identified more than twenty fabricated AI-generated case citations submitted by the borrower and his legal counsel and determined that this conduct was frivolous. ● It imposed monetary sanctions on both the borrower defendant and his attorney. In doing so, the court provided important and timely guidance on the responsible use of generative AI in litigation. Read Robert and Ellis’ key takeaways of this landmark case: https://lnkd.in/gWGjubKf #Legal #ConsumerFinance #GenAI #ArtificialIntelligence

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The U.S. District Court for the Southern District of New York recently held that communications by a criminal defendant with a publicly available generative AI platform are not protected by attorney-client privilege or work product privilege. Eric Evans reviews the ruling in our latest Update: https://bit.ly/3N8oqJd #AI #ArtificialIntelligence #GenerativeAI

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The USPTO set up a new form to reduce instances of improper application abandonment to help mitigate procedural issues that could cause an applicant to lose their patent rights. The Office of Petitions set up an updated Notice of Abandonment form that: • Includes new headers that categorize the reasons for abandonment • Expands the reasons for abandonment relating to appeal • Adds a section to memorialize communication with the applicant • Adds tool tip pop-up reminders on periods for reply and relevant citations to the Manual of Patent Examining Procedure Learn more about petitions related to application abandonment: https://lnkd.in/eUpUzBC7

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A New York district court allowed key copyright and trademark claims brought by news organizations to proceed against OpenAI and Microsoft, while dismissing DMCA and unfair competition claims. Read the full case summary from David Grossman and Elena De Santis: https://lnkd.in/gA6HmV3j

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On Feb. 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. On Feb. 17, 2026, Judge Rakoff issued a written opinion confirming the bench ruling and adding important analysis. Read on to learn what the opinion adds on confidentiality, work product and waiver, and for details of the practical implications and open questions left by Judge Rakoff’s opinion. https://lnkd.in/grTprKSg McGuireWoods LLP authors: Garen Marshall, David Hirsch, Aaron Marienthal, Jeff Ehrlich, Elizabeth Peters, Alice Moscicki

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#AI evidence is coming to #courtrooms faster than most teams are ready for. #Litigation attorney Nick Dellefave authored a post for Drug & Device Law on the new Reference Manual on Scientific Evidence's chapter on #artificialintelligence and what it means for admissibility, including discovery involving algorithms, training data and potential bias. He also highlights authentication challenges tied to deepfakes and the expanding role of digital #forensics. Read more: https://bit.ly/40jpKfi #legaltech #triallaw

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The Colorado Privacy Act gets another update: precise geolocation data is now sensitive data, and a controller will need consent to sell any sensitive data. Governors Polis signed SB 276, which contains those two privacy tweaks buried in a bill that otherwise addresses non-privacy topics. The privacy changes are in Sections 18-20. [Legislative wonks may remember this bill was initially a vehicle for amending the state’s data minimization standard to more closely track Maryland’s heightened standard. But that provision was removed from the final bill.] https://lnkd.in/gEQq72qW

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⚖️ Court is back in session for the DOJ v. Google antitrust trial, and Index CEO Andrew Casale returned to the Eastern District of Virginia to testify. Andrew noted during his testimony that Google’s proposals to share data and open up its technologies would not be enough to restore competition in the field, as highlighted in The New York Times. Check out these helpful recaps for the latest on the trial and what’s at stake for the open internet ⤵️ The New York Times: https://lnkd.in/eQ7pz3Sh The Verge: https://lnkd.in/dQepUFgU Check My Ads Institute: https://lnkd.in/ei3rb59r AdExchanger: https://lnkd.in/dKaBkH2V And if you need a refresher on what the trial means for ad tech, Jenn Hood has you covered: https://lnkd.in/eQfWtwCs

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New York State Bar Association cites a client alert by Lowenstein’s Diane Moss and Ken Fishkin, CISSP, CIPP/US, AAISM on AI risks general counsels should know in an article analyzing AI’s effect on the legal industry. Read the full article: https://bit.ly/43m26AM Read the full alert: https://lnkd.in/e8ige9BG #artificialintelligence #legalindustry #AIrisks #dataprotection #NYSBA

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