Member Blog Posts

    Blog: Commercial Litigation and Dispute Resolution Blog

    B.C. Government Introduces Bill 12 – 2024 Public Health Accountability and Cost Recovery Act

    On March 14, 2024, the B.C. government introduced for first reading Bill 12 – 2024, Public Health Accountability and Cost Recovery Act. Under this proposed legislation, the government has a direct and sweeping right of action to sue a person to recover the cost of health care benefits “caused or contributed to by a health-related wrong.” The Bill is intended to permit ...

    Blog: Antitrust Update

    Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

    On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the 2023 Merger Guidelines.  The new Merger Guidelines align closely with the objective—expressed by both FTC and DOJ—to expand the types [...]

    Blog: Patent 213

    Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

    A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures protection for “original works of authorship fixed in any tangible medium of expression” (17 U.S.C. § 102(a)). This broad definition... Continue Reading

    Blog: Ireland IP & Technology Law Blog

    Beyond the AI Act: The AI Liability Directive & the Product Liability Directive

    Introduction Following the political agreement reached on the terms of the EU’s AI Act in December, the EU seems set to lead the way in adopting a novel regulatory framework to regulate the use and development of artificial intelligence (AI). Whilst the spotlight has largely focused on the AI Act, the EU’s AI regulatory framework...Continue Reading…

    Blog: The Business Law Blog

    Head in the Clouds? BC Introduces Retroactive PST Changes on Affecting Purchasers of Cloud-Based Computing Software

    Retroactive changes to the Provincial Sales Tax Act (British Columbia) (the “PSTA”) were announced February 22 by the BC Government in its 2024 budget. Should the enacting legislation[1] receive royal assent, the changes will be effective as of April 1, 2013. The most impactful changes would be: A retroactive expansion of the applicability of the PSTA that imposes a requirement on purchasers to pay PST on the purchase price of software acquired for use in BC; and An expanded definition of “software” for purposes of the PSTA. The BC Government’s stated pur...

    Blog: Data Security Law Blog

    New York’s Department of Financial Services Seeks Comment on the Use of Artificial Intelligence in Insurance Underwriting and Pricing

    The New York State Department of Financial Services (“DFS”) has entered its voice regarding the use of artificial intelligence (“AI”) by insurers by issuing for public comment a proposed circular letter addressing the use of artificial intelligence, specifically external consumer data and information sources (“ECDIS”) and artificial intelligence systems (“AIS”),  by licensed insurers (the “Circular [...]

    Blog: The Firewall

    Will the New York Times Take Down Large Language Models?

    That whistling sound you hear may not be an old-school newspaper walking past a graveyard—it may well be an AI industry-killing asteroid. On December 27, 2023, the New York Times filed a groundbreaking suit against OpenAI and Microsoft. The Times alleged copyright infringement, vicarious copyright infringement, contributory copyright infringement, violations of the Digital Millennium Copyright... Continue Reading

    Blog: NextGen Financial Services Report

    A Lively Supreme Court Argument on the Constitutionality of CFPB Funding: Ruling Not Expected for Several Months

    On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. This case is the latest iteration in the broadside attacks on the Bureau by an industry hoping to... Continue Reading

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