The IPKat

DECEMBER 8, 2021

The regulation of artificial intelligence is the topic of national and international public consultations and a growing area of literature. In particular, Chesterman proposes a specialist attribution of product liability, agency and causation in the context of AI systems. A recent contribution to that discussion is " We, the Robots?

Journalism 89

Journalism Government Intellectual Property Law 89

Technology & Marketing Law Blog

AUGUST 2, 2022

The Causation Problem. The bill sidesteps a key causation problem. For example, imagine a government-designated censor at a newspaper, deciding if the newspaper can add a new column or feature, add a new topical section, or change the size and layout of the paper. This bill seemingly opens up a major new frontier in tort law.

Social Media 85

Social Media Privacy Designs Design 85

43(B)log

FEBRUARY 17, 2022

While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he Damages experts: The court began with a statement that a Lanham Act [false advertising] plaintiff must prove causation to get damages.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., But that’s not relevant to the lost profits argument, which is part of causation. Scilex Pharmaceuticals Inc.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

I don’t love Justice Edelman’s approach that a Facebook accountholder “publishes” any third-party comments that are within the topical scope of the initial post. This is an excellent point–tort purists should demand that publication requires proximate causation, not just but-for causation.

Publishing 97

Publishing Social Media Blogging Law 97

Trading Secrets

DECEMBER 23, 2021

The letter also points out the limitations in prior research that suggested—perhaps erroneously—that non-competes hamper innovation and growth, and highlights the “correlation implies causation” fallacy often associated with negative views of restrictive covenants (including the unproven theory that non-competes suppress wages).

Publishing 52

Publishing Marketing Marketing 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

In this upcoming paper, this author takes a different approach to this hot topic. In many computational creativity projects in the fields of art , journalism and music , the heavy reliance on AI stretches the causation bond between the human author and the final creative output to breaking point.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

LexBlog IP

DECEMBER 23, 2021

We are sure to hear more from the Biden Administration on this important topic, and will update our readers with any developments. As a result, the signatories recommended again that any non-compete legislation continue to be conducted at the state level.

Publishing 52

Publishing Marketing Marketing Intellectual Property 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Tex August 4, 2021)(injunction prohibiting use or disclosure of trade secrets does not break causation regarding defendant’s continuing benefit from the misappropriation). There have been some noteworthy recent decisions in trade secrets law.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. This time, the plaintiffs failed the elements of the prima facie case, though the cases have also failed on other grounds, like the First Amendment and causation.

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. ” Finally, the court questions proximate causation: Plaintiffs admit that sex trafficking on Backpage’s website was already occurring before—and independent of—its use of Salesforce’s products. THE MINDGEEK LITIGATION. Ruling #1: Doe v. Mindgeek USA Inc.

Blogging 119

Blogging Reporting Publishing Law 119