Insights < BACK TO ALL INSIGHTS
Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
FEATURED
January 5, 2026
Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
By: Abbey Block
Litigation Update: Open AI’s Discovery Woes and Fair Use Defenses in Infringement Lawsuits Since its formation in 2015, the artificial intelligence company “Open AI” – most known for its creation of the widely used chatbot, “ChatGPT” – has faced its fair share of legal disputes. Two of the most notorious lawsuits, one filed by the New York Times and the other by a class of prominent fiction authors, are moving full steam ahead, illustrating the complex interplay of legal rights, litigation tools, and technological innovation. This blog post examines the most recent developments in the lawsuits, and considers what these developments mean for the parties, and the future of artificial intelligence more broadly. Judge Orders Open AI to Disclose Chat…
The Truth Will Out – Even About Mar-a-Lago
December 27, 2025
The Truth Will Out – Even About Mar-a-Lago
By: James Trusty
The Truth Will Out is a fairly obscure phrase that was popularized in Shakespeare’s “The Merchant of Venice.” It suggests that even against the most active obstruction and obfuscation, the Truth seemingly has an invisible hand behind it that relentlessly—if slowly—pushes it into plain view. Nearly 2 ½ years after the FBI’s raid on Mar-a-Lago, the Truth may be emerging into the daylight. August 8,…
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
November 12, 2025
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
By: Robert Ward
For years, the U.S. Sentencing Commission’s Guidelines Manual has guided courts through a three-step process to determine the sentence to be imposed. At a high level, that process looked like this: First, the court would calculate the guideline range based on relevant offense conduct and related factors, along with the defendant’s criminal history. Second, the court would consider the Sentencing Commission’s policy statements or commentary…
DOJ Goes After Smaller Fraudsters, Lets Big Fish Escape
March 5, 2012
DOJ Goes After Smaller Fraudsters, Lets Big Fish Escape
By: Nicole Kardell
Successful criminal prosecutions of mortgage fraud seem to have one thing in common: a fraud figure well below $10 million. One of the recent cases that generated a fair amount of press involved the convictions of co-conspirators in a mortgage scheme carried out by an ex-NFL player. That scheme, which took place during the housing boom in the early 2000’s, resulted in 10 convictions. Former…
Justice Would Be Served by an ‘Open File’ Policy for Prosecutors
March 2, 2012
Justice Would Be Served by an ‘Open File’ Policy for Prosecutors
By: Jeff Ifrah
A couple of years ago, the U.S. Department of Justice made an effort to systematize and improve its discovery obligations under Brady v. Maryland, the 1963 Supreme Court case that requires prosecutors to disclose information in their files that would tend to exculpate criminal defendants. A U.S. attorney, speaking at a conference of defense lawyers, commented at the time that the department takes its Brady…
D.C. Circuit Tackles Ex-Prosecutor’s Allegations of Privacy Violations
February 20, 2012
D.C. Circuit Tackles Ex-Prosecutor’s Allegations of Privacy Violations
By: Ifrah Law
After a nearly decade-long legal battle, the Department of Justice (DOJ) is seeking to dismiss once and for all the privacy suit of Richard Convertino, a former federal prosecutor in Detroit who alleges that the DOJ illegally gave the press details of an internal investigation into his alleged misconduct. In February 2004, Convertino filed a complaint in the U.S. District Court for the District of…
Does 5th Amendment Protect Computer Files From Decryption?
February 9, 2012
Does 5th Amendment Protect Computer Files From Decryption?
By: Jeffrey Hamlin
A U.S. District Court in Colorado recently considered whether the constitutional privilege against self-incrimination extends to the compelled production of decrypted computer files. It is beyond dispute that the government may not force a suspect to provide an encryption password if the password would provide a necessary link in the chain of evidence leading to the suspect’s indictment. A much more difficult question is whether…
Private Suits Under FCPA — An Ill-Advised Idea
January 31, 2012
Private Suits Under FCPA — An Ill-Advised Idea
By: Ifrah Law
Late last year, Rep. Ed Perlmutter (D-Colo.) introduced a bill in the House of Representatives that would amend the Foreign Corrupt Practices Act (FCPA) to permit private suits against certain foreign companies and individuals. The bill, entitled the “Foreign Business Bribery Prohibition Act of 2011,” would significantly alter the landscape of FCPA enforcement, and not for the better. Perlmutter proposed similar versions of the bill…
