Brad Swezey In United States v. Heppner, No. 1:25-cr-00503 (S.D.N.Y.), Judge Jed S. Rakoff ruled from the bench that documents prepared by a criminal defendant using a commercial AI platform are not protected by the attorney-client privilege or work product doctrine, even though the defendant shared those materials with his attorneys. The decision represents one of the … Read more
Trademark law in the United States has long protected words, logos, and slogans that identify the source of goods and services. Increasingly, however, brand owners—and now celebrities—are turning to non-traditional trademarks to protect distinctive elements that fall outside conventional word and design marks. These developments are occurring against a backdrop of rapid technological change, including … Read more
State law, either by statute or common law, generally recognizes a right of privacy that prohibits the unauthorized commercial use of an individual’s name, image, or likeness (“NIL”). This right of privacy, however, is often limited or unavailable with respect to public figures, including well-known personalities, celebrities, and political figures, particularly where the use implicates … Read more
INTRODUCTION Nearly fifteen years ago, we highlighted a core principle of intellectual property protection: delay is the enemy of rights. That message remains true today. In Intellectual Property matters, delay is often the costliest mistake a business can make. Filing early, documenting early, responding early, and contracting early all dramatically increase the chances of securing … Read more
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