Category Archives: News

Fair Use Friction in the Age of Artificial Intelligence: The New York Times v. OpenAI

JULIA STEINER—After failed licensing negotiations beginning in April 2023, the New York Times sued OpenAI and Microsoft, the company’s largest investor, last month for copyright infringement. While this is only the latest in a bout of litigation facing OpenAI, the Times is the first news publisher to sue. The complaint alleges that Microsoft’s Copilot and […]

International Arbitration and Bankruptcy: Can They Be Reconciled?

DAMON DUCHENNE—Parties to a contract may elect to resolve disputes arising out of the agreement through arbitration. International arbitration involves parties based in different countries who select a “seat” where the arbitration will occur and the rules that apply to the proceeding procedure. Because international arbitration is a private form of dispute resolution, generally without […]

Where’s my Sriracha? The Spicy Consequences of Breaching Oral Contracts

SAMARA SPILER—Oral contracts stemming from long-standing business practices centered on custom and trust are as valid as contracts memorialized in ink. When such an oral contract is breached, there are significant consequences—not just for your kitchen but also for business relationships and supply chains. Huy Fong Foods (“Huy Fong”), the manufacturer of the wildly popular […]

Playing for power? Florida’s Pending Sports Gambling Decisions Shape The Landscape of the Emerging Mobile Industry

ETHAN SCHWAB—As parties move for potential power in a space that not only differs from state to state, but changes with every topical judicial ruling, the novel and heavily regulated mobile sports gaming industry sees constant litigation across federal and state courts. Nowhere are these complexities better exemplified than in the state of Florida, in […]

The Risks of Ubiquitous Private Equity Investment in Sports and Entertainment

HEATHER BRAVERMAN—Today’s entertainment, sports, and media landscape is multifaceted and complex. Traditional divides between agents and production companies or sports teams and media companies are rapidly evolving into far-reaching partnerships with involvement in every angle of the business. Fueled by private equity, this expansion across disciplines raises potential risks like conflicts of interest and unclear […]