Edward Lee

Pryor Cashman Partner Benjamin Akley and Associates Shamar Toms-Anthony and Reel Mustafa authored a client alert detailing California’s newly signed laws aimed at regulating AI and protecting content creators and intellectual property (IP) owners. The new legislation includes transparency measures for AI training data, protections for digital replicas of performers, expanded rights for deceased personalities, and transparency tools for AI-generated content. These laws represent a significant shift in how AI will interact with the creative and IP industries. Read more here: https://lnkd.in/gkCGhWJ5 #PryorCashman #AIRegulation #IntellectualProperty #CaliforniaLaw #AI

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The new era of depositions is here. Legal Recorder has quickly gained recognition among California attorneys for its ability to simplify Zoom depositions. Read our tips here - https://lnkd.in/d8S52KEk

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Copyright allies -- on June 5, 2024 (Wednesday) at 12pm Pacific time, I'll be co-hosting another monthly Copyright Interest Group call of the California Lawyers Association. We'll have a couple of superb guest speakers -- i.e., Aaron Moss and Jeremy S. Goldman -- and we'll be discussing the most recent copyright developments over the past month, including: - USSC rules that copyright damages for a timely claim under the discovery rule can proceed past three years (Warner Chappell v. Nealy) - USSC declines to decide whether the discovery rule even applies to copyright claims (Hearst v. Martinelli)  - Copyright Act preempts X/Twitter's web scraping state law claims under copyright law’s “conflict preemption” - The latest developments in GenAI/copyright litigations - Cher triumphs in lengthy copyright termination battle against Sonny Bono’s widow regarding re royalty payments - Second Circuit upholds Childish Gambino’s victory in ‘This Is America’ infringement case - Netflix obtains en banc Tenth Circuit hearing on the ‘Tiger King’ appeal - Internet Archive fails to dismiss record labels’ copyright lawsuit over IA’s ‘Great 78’ phonograph archiving project If you'd like the Zoom info for the June 5th call, please send me a message. #copyright

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🚨 JURY VERDICT ALERT 🚨 When is an adverse jury verdict actually a victory? When the plaintiff recovers less than 10% of the amount that they requested from the jury, and less than half of their final settlement demand. This is the extraordinary result that F+B’s civil litigation team achieved last week in San Diego Superior Court. As experienced litigators know, not every case will result in a finding of no liability. Sometimes defense counsel is faced with a high probability of a liability finding. In those cases, the name of the game is to minimize the jury's award to the plaintiff. Thank you to the members of the jury who truly served their community throughout 7 days of testimony, arguments, and deliberations. Kudos to F+B’s entire civil litigation team, led by our firm’s Founder and Managing Partner Heywood G. Friedman, Esq., co-second chairs Arman Shirinian, Esq., and Deborah Park, Esq., and supported by our exceptional team of paralegals, law clerks and professional staff. Thanks also to our clients, who refused to compromise their principles! If you want to learn more about F+B's cutting-edge trial defense strategies, reach out to our firm’s Founder and Managing Partner, Heywood G. Friedman at [email protected] Niranand Raum | Caroline Hoyt #FriedmanBartoumian #ForTheBestDefense #AlwaysBeClosing #TheBestDefense #DefenseAttorneys #RiskManagement #Insurance #InsuranceLaw #Attorneys #Attorney #Lawyers #Lawyer #Law #Legal #LawFirm #California #CaliforniaLaw #CaliforniaLawyers #CaliforniaLawyer #CivilLitigation #Litigation #Trial #SanDiego 

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HOT OFF THE VIRTUAL PRESS: The latest issue of #SULawRev, Volume 47, Issue 5, is out now! This marks the conclusion of Volume 47. Explore this issue for insights on marijuana reform, artificial intelligence, juvenile justice, cryptocurrency, sneakers, and more. For the full articles, head to: https://lnkd.in/gSygYfgD

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Excellent discussion by Roy Wepner, Esq. explaining why a majority of Federal Circuit judges in a recent #patent case (Dragon IP vs. DISH Network) erred by imposing a bright-line rule barring recovery of attorneys' fees for expenditures made in IPR (inter partes review) proceedings within the USPTO. This bright-line rule reads as follows: "In cases where a party voluntarily elects to pursue an invalidity challenge through IPR proceedings, we see no basis for awarding IPR fees under [35 U.S.C.] § 285." Mr. Wepner provides insightful analysis as to why the majority's decision in the Dragon IP case creates a precedential conflict with a 1988 Federal Circuit decision. Additionally, a dissenting DISTRICT COURT judge, sitting by designation on the Dragon IP panel, got it absolutely right in explaining why "[t]o categorically preclude recovery of IPR fees in this circumstance is inconsistent with § 285 or the intent of IPR itself."

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AMENDMENTS TO CALIFORNIA PRIVACY LAWS BY AB 1008 AND SB 1223 Governor Gavin Newsom signed AB 1008 and SB 1223 into law on September 28, 2024. These are two pieces of legislation that have a bearing on the existing privacy laws in California. AB 1008 broadens the definition of “personal information” under the California Privacy Rights Act (CPRA) to include data processed by AI models, such as model weights and tokens. While SB 1223 clarifies that “sensitive personal information” under the California Consumer Privacy Act (CCPA) includes neural data. Neural data is information generated by measuring the activity of a consumer’s central or peripheral nervous system. Key Points of AB 1008: 1. Biometric Data Protection: The bill clarifies that biometric data, including fingerprints and facial recognition data, collected without consumer knowledge, is not considered publicly available and must be treated as personal information. 2. AI Model Compliance: AI models trained on personal information must now comply with CPRA obligations, ensuring that data privacy protections extend to automated systems and machine learning models. 3. Consumer Rights: Businesses using AI must obtain consent and respect consumers’ data rights, particularly when dealing with biometric data and other sensitive information. 4. Governance and Management: The law imposes new requirements on businesses for the governance and management of AI models, significantly altering how AI systems handle personal information. Key Points of SB 1223: 1. Consumer Rights: The bill grants consumers the right to request, delete, correct, and limit the collection of their neural data, similar to other types of sensitive personal information. 2. Disclosure Requirements: Businesses must disclose what neural data they collect and provide consumers with access to this information. 3. Opt-Out Options: Consumers can opt out of businesses selling or sharing their neural data with third parties. 4. Alignment with Biometric Data: Neural data is now treated similarly to biometric and genetic data, ensuring it receives the same level of protection. Both AB 1008 and SB 1223 will enter into force on January 1, 2025. #AI #ArtificialIntelligence #AIEthics #BigData #DeepLearning #PrivacyLaw #AIRegulation #AIGovernance

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Very helpful overview of the current state of the patchwork of US #privacy laws. IAPP

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Recruitment, Hiring, and the Use of AI within a Legal Framework Speakers: Rachel Capler Lindsey Wagner, CIPP/US, AWI-CH Moderator: Maribel Hernandez Tuesday, December 19, 2024 @ 12:00 pm – 1:00 pm 1 Hour MCLE; 1 Professional Development Credit (PDC)   This training will equip you with the knowledge and tools to navigate the complex legal landscape of hiring, leverage AI effectively, and ensure your recruitment processes are fair and compliant. Don’t miss this opportunity to enhance your skills and protect your organization from potential legal issues. Key Learning Objectives: Legal Frameworks: Stay updated on the latest changes in employment law and understand their impact on hiring practices. Best Practices when Using Artificial Intelligence: the benefits and limitations of AI tools in recruitment and learn tips to ensure fairness and compliance. Dos and Don’ts of Interviewing Questions: Learn which questions are appropriate and which to avoid to ensure a fair and unbiased selection process. Compliant Recruitment/Hiring Tools: Discuss compliant job applications, conducting background checks, and testing to promote an inclusive hiring environment. https://lnkd.in/gN2GCfaB

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The brain is the new privacy frontier: Responding to developing technologies in the neurotech space, a number of American states have amended their privacy laws to include "neural data" in their definition of sensitive personal information. Some require opt-in consent for its collection, others simply the possibility for a data subject to opt out. Some have included employees' neural data in the definition, others not - with varying implications for privacy protection:

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🚀 California's New AI Bill: A Blueprint for Future Regulation? 🚀 Natasha Allen and Chethan Srinivasa recently wrote an article reviewing California’s SB-1047 and its implications. This bill addresses emerging AI threats while setting a benchmark for other states. Here are some of the key highlights from this notable read. 🔍 Key Highlights: Scope: Unlike Colorado's sector-specific SB205, California's bill targets AI models based on complexity and computing power, specifically those using over 10^26 FLOPs and costing $100M+ to train. Current Impact: No existing AI models meet this threshold, but rapid advancements mean this could change within a year. Developer Restrictions: Strict regulations on commercial use of high-risk models, though private and non-profit uses remain unclear. Responsibilities: Developers must implement cybersecurity measures, conduct annual safety reviews, and ensure third-party compliance. Computing Clusters: Must assess customers' intentions, maintain records, and have shutdown capabilities. Enforcement: The Attorney General can pursue civil actions, while a new Frontier Model Division will oversee compliance and advise on AI safety. 🌐 Business Implications: For AI Leaders: Extensive oversight might slow market entry for new models, but avoiding these regulations by relocating may not be feasible due to federal oversight. For Others: Many developers won't be affected immediately, but as AI advances, compliance will become crucial. Even if SB-1047 doesn’t become law, it could shape future AI regulations nationwide. Staying informed and proactive in regulatory compliance will be essential for AI developers. Let's continue this important discussion on the future of AI regulation and its impact on innovation. #AI #ArtificialIntelligence #AIlaw #Innovation #TechRegulation #CaliforniaLaw #VentureCapital #InnovationEcosystem #SiliconValley #SiliconValleyLaw #SocialMedia #Garage2Global Brandee Diamond, Natasha Allen, Nicholas O'Keefe, André Thiollier, Eric Chow, Lyman Thai, Foley & Lardner LLP, Brian Wheeler, Brendan M. Foo https://lnkd.in/d5DVXpAi

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