Garden City, NY

Google, Facebook and other major internet platforms are under fire socially and politically regarding their publication of news content. However, the legal aspects of the platforms’ use of news media’s material are far from clear. Whether by fair use or some other legal theory, it is possible that such use is permitted by law, but there are no court decisions on this precise topic.

Businesses must be careful not to give false expectations about their products, regardless of disclaimers they may put in the fine print of Terms of Service. While Terms of Service may be effective tools to define the terms of the relationship between the user and the website operator, they may not save the operator from false or deceptive advertising claims.

As the country awaits final FDA approval for emergency use of additional COVID-19 vaccines, employers are rapidly confronting the implications. For long-term care facilities in particular, availability of a COVID-19 vaccination raises urgent questions regarding the treatment of employees and residents.

The Ninth Circuit has held that “embedding” is not copyright infringement because the host of the embedded link does not make a copy of the original webpage; instead, the link sends the reader to the server with the original copy of the copyrighted material. Judges sitting in New York courts have continued a trend begun in a 2018 case, finding for copyright owners when embedding is at issue.

The Southern District of New York recently decided a case that began with a simple request for a bond to be posted in a copyright case, and ended with a lengthy discussion that led to the conclusion that Congress designed a statutory scheme intended to encourage meritorious litigation, discourage frivolous suits and encourage settlement.

A recent U.S. Supreme Court decision has reinforced its previous holding that damages in IP cases should be assessed flexibly, and should be left to the discretion of the court. Since no two infringements are the same, no two infringements must of necessity have the same measure of damages.

COVID-19 has moved the pendulum sharply to the side of open collaboration between scientists and inventors. Governments, agencies and companies around the world are discussing and implementing measures to allow for the quick and easy spread of scientific knowledge and ideas that may help with the diagnosis, treatment and prevention of COVID-19.

AI companies that work with insurers to optimize claims processing are left with a valuable resource after the data collection is complete. This article addresses how the value of a neural network − learned intelligence through artificial intelligence − has been ignored and should be considered when an insurer considers outsourcing its claims processing.