Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark; JDSupra, January 29, 2024

 Ralph Artigliere , JDSupra; Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

"As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative AI promises to provide monumental advantages to lawyers in their workflow, quality of work product, productivity, and time management and more. For clients, use of generative AI by their lawyers can mean better legal services delivered faster and with greater economy. In the area of eDiscovery, generative AI promises to surpass technology assisted review in helping manage the increasingly massive amounts of data.

Generative AI is new to the greater world, and certainly to busy lawyers who are not reading every blogpost on AI. The internet and journals are afire over concerns of hallucinations, confidentiality, bias, and the like. I felt a new ethics opinion might throw a wet blanket on generative AI and discourage Florida lawyers from investigating the new technology.

Thankfully, my concerns did not become reality. The Florida Bar took a thorough look at the technology and the existing ethical guidance and law and applied existing guidelines and rules in a thorough and balanced fashion. This article briefly summarizes Opinion 24-1 and highlights some of its important features.

The Opinion

On January 19, 2024, The Florida Bar released Ethics Opinion 24-1(“Opinion 24-1”)regarding the use of generative artificial intelligence (“AI”) in the practice of law. The Florida Bar and the State Bar of California are leaders in issuing ethical guidance on this issue. Opinion 24-1 draws from a solid background of ethics opinions and guidance in Florida and around the country and provides positive as well as cautionary statements regarding the emerging technologies. Overall, the guidance is well-placed and helpful for lawyers at a time when so many are weighing the use of generative AI technology in their law practices."

Lawyers weigh strength of copyright suit filed against BigLaw firm; Rhode Island Lawyers Weekly, January 29, 2024

Pat Murphy , Rhode Island Lawyers Weekly; Lawyers weigh strength of copyright suit filed against BigLaw firm

"Jerry Cohen, a Boston attorney who teaches IP law at Roger Williams University School of Law, called the suit “not so much a copyright case as it is a matter of professional responsibility and respect.”"

Big law firms gobble up intellectual property firms in consolidation push; Reuters, December 12, 2023

 David Thomas, Reuters; Big law firms gobble up intellectual property firms in consolidation push

"At least half a dozen firms that specialize in intellectual property law and litigation have been absorbed by larger U.S. law firms this year, as bigger firms seek to expand their IP benches and the niche firms face pressure to match their rivals' resources."

A New Copyright Office Warehouse–25 Years in the Making; Library of Congress, August 19, 2020

Holland Gormley, Library of Congress; A New Copyright Office Warehouse–25 Years in the Making

"The following is a guest post by Paul Capel, Supervisory Records Management Section Head.

The United States Copyright Office holds the most comprehensive collection of copyright records in the world. The Office has over 200,000 boxes of deposit copies spread among three storage facilities in Landover, Maryland; a contracted space in Pennsylvania; and the National Archives and Records Administration (NARA) facility in Massachusetts. Even with these three warehouses, that’s not enough space. Each day, the Office receives new deposits, and despite the increase in electronic deposits, our physical deposits continue to grow year after year.

These deposits are managed by the Deposit Copies Storage Unit, a dedicated team that springs into action to retrieve deposits when requested by examiners or researchers or for litigation cases. In this type of work, speed and efficiency of retrieval are critical. Managing deposits across three storage locations can present a challenge to our ideal retrieval times. When our records are stored in several locations, the potential for miscommunication or misplaced deposits increases.

This October, the Office will be opening a new 40,000 square foot warehouse that has been in discussion for over twenty-five years. We will be moving our deposits out of facilities that are more than forty years old to centrally locate them in a new state-of-the-art facility. This is a huge undertaking, and we are aiming to move 88,000 boxes from Landover in under 45 days. The new space is environmentally controlled and meets preservation requirements for the storage of federal records. Even more importantly, the new facility will allow the Office to maintain control over all our records in a single location, which will improve our retrieval times and will enable us to serve our stakeholders better.

This new facility is a great start, but we have an even bigger vision for our deposits. To truly inventory and track our deposits, the Office is investigating a warehouse management system that will help staff inventory, track, locate, and manage all the items in our warehouse. This type of system will help the Office enhance the availability and accessibility of materials, decreasing manual processing, and allowing for real-time tracking of deposits at any given time. It will also let us know who has them and when their period of retention ends.

This system will provide all the notifications  expected from any modern delivery service. Copyright Office staff will be able to obtain a copy of their order and tell when it is in transit, know when it has been delivered, and sign for it digitally. This system will also provide transparency to others who might have an interest in requesting the same deposit, to see where it currently is, who has it, and how long they have had it."

The Open COVID Pledge: What Is It and Is It Right for You?; The National Law Review, April 14, 2020

Theresa Rakocy, The National Law Review; The Open COVID Pledge: What Is It and Is It Right for You?

"Enter one possible solution: The Open COVID Pledge. A group of scientists, lawyers, and entrepreneurs developed the Open COVID Pledge to encourage businesses and research facilities to make their intellectual property available for use in the fight against COVID-19. The idea behind the Open COVID Pledge is to allow open sharing of intellectual property and technology to end the pandemic without the need for timely and costly licenses or royalty agreements. The initiative comes at a time when researchers and companies alike are surging ahead with ways to combat and end COVID-19. In its Press Release, the individuals behind the Open COVID Pledge explain that the license is needed because “enabling individuals and organizations across the world to work on solutions together, without impediments, is the quickest way to end this pandemic.”...

As COVID-19 continues to spread worldwide, with the number of new cases each day still increasing in most countries, research and the development of new technologies to combat and eradicate COVID-19 has blossomed. As discussed in an earlier post, countries and companies are looking for ways to contribute, with many now making available and expanding access to their intellectual property. The balance between access and protection of intellectual property, however, is delicate."

Celebrating the Women Leading the Copyright Office; Library of Congress: Copyright Creativity At Work Blog, March 25, 2020

Alison Hall, Library of Congress: Copyright Creativity At Work Blog; Celebrating the Women Leading the Copyright Office

"To celebrate Women’s History Month, I wanted to write about the five women who have served (and are serving) as leaders of the U.S. Copyright Office. Women have led this Office consecutively since November 1993, and their accomplishments are nothing short of incredible. These five lawyers (who all attended either Columbia Law School or George Washington Law) have contributed over 100 years of public service to the Copyright Office, counting all their roles. Here is just a snapshot of their accomplishments and contributions to copyright."

We Asked 7 Lawyers to Untangle the Broadway Fight Over ‘To Kill a Mockingbird’; New York Times, March 23, 2018

Michael Paulson and Alexandra Alter, New York Times; We Asked 7 Lawyers to Untangle the Broadway Fight Over ‘To Kill a Mockingbird’

"So what happens now? The two sides could settle the dispute. Or the case could go to trial. In the meantime, we asked seven lawyers with relevant expertise to help us untangle the thicket — how much change is permissible, and who gets to decide whether the script crosses that line?"

"My Lawyer Wasn't Sure Who To Sue"; Pearls Before Swine, August 16, 2017

Stephan Pastis, Pearls Before Swine, Go Comics; "My Lawyer Wasn't Sure Who To Sue"

Prevent employees from walking off with trade secrets; Virginia Lawyers Weekly, July 24, 2017

Clyde Findley and Ryen Rasmus, Virginia Lawyers Weekly; 

Prevent employees from walking off with trade secrets

"Intellectual property law is com­plicated. It protects legal rights associated with intangible and never-before-seen items. The IP field is full of jargon and contradic­tions, has few bright-line rules, and is studded with “I-know-it-when- I-see-it” tests and standards. It is little wonder, therefore, that many general practitioners throw up their hands when it comes to their clients’ IP issues, and either ig­nore these issues outright or refer the clients out to high-cost specialists. However, a generalist can take many precautions to nurture and protect her client’s IP hold­ings, particularly its trade secrets.

Although all forms of intellectual proper­ty can lose value when they are not properly looked after, no category of IP can lose its value as quickly as material that—with just a bit of attention from a business lawyer— can qualify for state and federal trade secret protection. Because careless and vindictive employees are often the guilty parties in trade secret misappropriation cases, atten­tion to the agreements and policies that gov­ern employees behavior is especially useful."

REMINDER re Free Webinar: Understanding Patent Basics: Law Librarians Bringing Added Value June 28, 2017, 2 PM ET

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As a law librarian you serve a wide array of lawyers so you may not have a background specific to patent law. Many law librarians feel they could be more productive if they could better communicate in patent attorney "speak" and may feel awkward in asking for definitions of basic patent terminology.

As part of our efforts to offer on-going support to law librarians, LexisNexis IP Solutions is offering a crash course in basic patent concepts to help you better communicate with your colleagues.

Join us for this informative webinar which will demystify patent terminology and review basic concepts. The presenters will discuss:

• Common terms in patent law, such as "What is a provisional patent application?"
• What patents lawyers are looking for in terms of help from their law librarians relevant to common concepts.
• Why research related to each of these terms, or concepts, are important in the area of patent prosecution.
• Q&A to answer those questions you have been meaning to ask.
  
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  The presenters are Amantha Allen, User Experience and Professional Development Manager, LexisNexis^® IP Solutions and Megan McLoughlin, Product Director, LexisNexis PatentAdvisor® 

Webinar: Understanding Patent Basics: Law Librarians Bringing Added Value June 28, 2017, 2 PM ET

Webinar

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Law Librarians Bringing Added Value

June 28, 2pm ET

As a law librarian you serve a wide array of lawyers so you may not have a background specific to patent law. Many law librarians feel they could be more productive if they could better communicate in patent attorney "speak" and may feel awkward in asking for definitions of basic patent terminology.

As part of our efforts to offer on-going support to law librarians, LexisNexis IP Solutions is offering a crash course in basic patent concepts to help you better communicate with your colleagues.

Join us for this informative webinar which will demystify patent terminology and review basic concepts. The presenters will discuss:

• Common terms in patent law, such as "What is a provisional patent application?"
• What patents lawyers are looking for in terms of help from their law librarians relevant to common concepts.
• Why research related to each of these terms, or concepts, are important in the area of patent prosecution.
• Q&A to answer those questions you have been meaning to ask.
  
  Sign up today! We will provide slides from the webinar to all registrants.
  
  The presenters are Amantha Allen, User Experience and Professional Development Manager, LexisNexis^® IP Solutions and Megan McLoughlin, Product Director, LexisNexis PatentAdvisor® 

Pandora Just Taught Every Business Out There What Not to Do In Logo Redesign; Inc.com, May 24, 2017

Wanda Thibodeaux, Inc.com; Pandora Just Taught Every Business Out There What Not to Do In Logo Redesign

"It's one of the most basic rules of business: Choose a logo that represents you and only you. After all, logos are supposed to be an identifier for your brand. But apparently, it's a lesson that Pandora hasn't quite learned yet. As Nicole Gallucci of Mashable reports, PayPal is suing the music streaming company for trademark infringement, claiming that Pandora's 2016 logo redesign is too similar to its own...

7 tips to avoid Pandora's trouble

If you, like Pandora, have to come up with something new, keep these rules in mind:..

Oh, and when in doubt? There are these great professionals known as lawyers. Talk to one."

BrewDog backs down over Lone Wolf pub trademark dispute; Guardian, March 27, 2017

Rob Davies, Guardian; 

BrewDog backs down over Lone Wolf pub trademark dispute

"Branding expert Graham Hales, chief marketing officer at the Chemistry Group, said BrewDog had made the right decision by backing down. “Lawyers have their jobs to do and any brand needs to protect its trademark,” he said. “That being said, the sense of David versus Goliath in a business context is something people will comment on."

Katy attorneys to focus on copyright basics; Houston Chronicle, 1/10/17

Houston Chronicle; 

Katy attorneys to focus on copyright basics:

"Area attorneys are invited to the Tuesday, Jan. 24, luncheon of the Katy Bar Association at 11:30 a.m. at Hasta la Pasta, 1450 W. Grand Parkway S.

Teresa Lechner-Fish, IP associate with Gardere Wynne Sewell, LLP, will present "Copyright Basics: What Are Copyrights? How Are Copyrights Created? Who Owns the Copyrights? And How Can They Be Protected."

She will identify examples of copyrights, provide guidance on how copyrights are created and who owns those copyrights, and offer suggestions on how copyrights can be protected in the marketplace.

Her law practice includes assisting growing companies as intellectual property counsel, handling copyright, due diligence, trademark, trade secret, licensing and patent matters. She has prepared and prosecuted hundreds of copyright, patent and trademark applications, and assisted patent litigation teams, involving complex technologies and litigation strategies."

Trade secret law: A brief guide for in-house counsel; Inside Counsel, 8/18/16

Ben Berkowitz, Briggs Matheson, Inside Counsel; Trade secret law: A brief guide for in-house counsel:

"What information does trade secret law protect?

Forty-seven states have adopted some form of the Uniform Trade Secrets Act (“UTSA”), with New York, Massachusetts, and North Carolina as the only exceptions. Under the UTSA, there is a two-prong test for determining whether information may be subject to trade secret protection. First, trade secret information must be information that “derive[s] independent economic value” from not being publicly known (See, e.g., Cal. Civ. Code § 3426.1(d)). That is, the information is valuable because it is a secret that others, including competitors, do not possess. Second, the information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Id.) “The determination of whether ‘reasonable efforts’ have been taken is quintessentially fact-specific,” and “‘depends on a balancing of costs and benefits that will vary from case to case.’” (Rockwell Graphic Systems, Inc. v. DEV Industries, Inc.) “Reasonable efforts” may include adopting confidentiality policies, entering into non-disclosure agreements, and establishing digital and physical security infrastructure. (Religious Tech. Ctr. Netcom On-Line Commc’n Servs.)"

Olympic lawyers go for gold in trademark protection; CNBC, 8/18/16

Nicholas Wells, CNBC; Olympic lawyers go for gold in trademark protection:

"The Olympic games may be coming to a close in Brazil, but Olympic lawyers are still working hard in the U.S.

The U.S. Olympic Committee has come under fire this year for sending warning letters to businesses tweeting with "official" Olympic hashtags like "#TeamUSA" and "#Rio2016." But this isn't the first time the USOC has taken steps to protect its trademarked assets. Legal actions involving the USOC have become as routine as the games themselves.

Part of it is due to the special permission afforded the USOC in defending its intellectual property, and some is an abundance of intellectual property to be defended."

The benefits of studying copyright law? They're patently obvious; Guardian, 5/14/15

Oli Palmer, Guardian; The benefits of studying copyright law? They're patently obvious:

"Copyright law is at the forefront of a changing technological world. It moves incredibly fast in unexpected capacities, which makes it a fascinating subject to study at university...

Studying copyright law forces you to become creative. This form of law is relatively young, which means there are many grey areas you’ll have to make decisions on. In effect, you become the judge.

Studying copyright law can also help you to acquire skills many law firms and other businesses desire, such as an acute attention to detail...

“A student who wishes to acquire commercial awareness would find the study of copyright law extremely useful for his or her professional development.”...

But the best thing about copyright law is how enjoyable it is and how applicable it is to everyday life, which is bizarre when you consider the intangible nature of its rights.

Rachel Metcalf, 22, who studied copyright law at Durham University, says: “My studies gave me an awareness of why the law should be appreciated by all, not just lawyers.”

Merely reading this article is interacting with copyright. So is watching back-to-back episodes of Breaking Bad on Netflix, or listening to your Friday night Spotify playlist. Why not begin to read between the lines?"

Young musicians get lessons in the law; Boston Globe, 12/25/13

James H. Burnett III, Boston Globe; Young musicians get lessons in the law: "The setting was the august boardroom of Goodwin Procter, a global law firm based in Boston, and the topics were the potentially dry-as-dust issues of copyrights, intellectual property rights, and fair use. The potential clients? Seventy teenagers, engaged, enthusiastic, and most certainly culturally tuned in, from some of Greater Boston’s poorer communities. As members of the Music & Youth Initiative, a nonprofit music training and mentoring program, they joined with three lawyers on a recent Thursday evening to understand their rights as songwriters. The teens peppered the attorneys with a variety of questions facing young musicians today: Can members of the public copy and download music they find in social media forums? What’s the legal recourse to plagiarism? How much can one “borrow” from another’s work without it being theft? The overarching themes were avoiding legal trouble and making sure your creations can’t be weasled away from you."

You Can't Copyright The Budget Shutdown In Washington; Forbes, 10/4/13

Jess Collen, Forbes; You Can't Copyright The Budget Shutdown In Washington: "The shutdown has had an immediate impact and presence in the everyday life of my office. There are daily questions of conflict, ownership rights, transfers and legal protection. People log onto the Copyright Office website all day long. We rely on the information it supplies to help understand ownership rights if someone is threatening a claim against a client. It helps us identify properties when there is a merger or acquisition. Sometimes we use its useful research tool to see what registrations are owned by a particular company or for a special type of work. Losing the website sends us back to the Dark Ages... These things are likely not as mission critical as the shutdown effect in many areas, maybe even most. But adding up all the dollars of all the hundreds of thousands of people who are daily involved in various intellectual property-based endeavors in the knowledge economy, the impact probably touches more lives than one might think. This will be the least compelling story you will read all week about the shutdown. I know that. But there is an insidious impact maybe thinly, but certainly broadly, felt. And, lawyers being lawyers, there will be no absence of papers filed in the weeks to come blaming delays and uncertainly on the “impossibility” of taking certain actions or filing certain papers because the Copyright Office was down. Wait and see."

Anti-File Sharing Lobbyists/Lawyers Shove Each Other Aside To Blame P2P Rather Than Dumb Guy For Congressional Leak; TechDirt, 10/30/09

Mike Masnick, TechDirt; Anti-File Sharing Lobbyists/Lawyers Shove Each Other Aside To Blame P2P Rather Than Dumb Guy For Congressional Leak:

http://www.techdirt.com/articles/20091030/1334356743.shtml