Category Archives: Primary

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 […]

Buyer Brokers About to Go Broke: The Billion-dollar Class Action That Could Transform Real Estate Commission Practices

ISABELLA WOLSTENHOLME—If you have ever sold your home before, chances are your realtor listed it on the Multiple Listing Service (MLS), one of the local databases listing properties for sale. Roughly 97% of local and regional MLSs are owned or operated by one or more local realtor associations, which require membership from realtors to gain […]

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 […]

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 […]