Worldwide: Intellectual Property

From digital sampling battles to AI-generated music, copyright law has consistently arrived late to technological disruption in the music industry. This examination traces landmark litigation across sampling, streaming, and artificial intelligence, revealing how rights holders have repeatedly shaped legal frameworks through strategic action rather than waiting for legislative solutions.

Share on Twitter Print Share by Email Share Back to top Internal Revenue Code Section 409(p) (Section 409(p)) imposes significant obligations on S corporation Employee Stock Ownership Plans (ESOPs) with severe penalties for noncompliance.

This comprehensive AI Reporter from Benesch's AI Commission examines the rapidly evolving landscape of artificial intelligence litigation, regulation, and business deployment. From intellectual property disputes involving major studios and AI music generators to state-level regulatory frameworks addressing data centers, employment practices, and consumer protection, the newsletter explores how courts, legislators, and policymakers are responding to AI's transformative impact.

Intellectual property valuation determines the monetary worth of intangible business assets like patents, trademarks, copyrights, and trade secrets. Understanding IP value is critical for licensing deals, mergers and acquisitions, financing arrangements, infringement disputes, and ownership conflicts. The three primary valuation methods—income, market, and cost—each serve different asset types and business scenarios.

NFL stars Patrick Mahomes and Travis Kelce face a lawsuit connected to their 1587 Prime steakhouse, but the legal battle centers on corporate structure and jurisdiction rather than trademark infringement. Litigation expert James Molen breaks down the key arguments and what could determine whether the athletes remain defendants in this case.

Startups face critical decisions about protecting intellectual property across international markets while managing limited budgets. Understanding which assets to protect, where to file registrations, and how to prioritize spending can determine whether IP investments strengthen the business or drain resources that could drive growth.

Trade secrets represent a critical competitive advantage for companies, but when misappropriated—especially across borders—enforcement becomes challenging. This article explores how Section 337 investigations at the International Trade Commission offer a powerful yet often overlooked alternative to traditional federal and state court litigation for protecting proprietary know-how in cross-border disputes.

Explore critical legal challenges facing in-house counsel in 2026, from AI-driven trade secret risks and shadow AI data breaches to litigation exit strategies and the regulatory battle over prediction markets. How are these emerging issues reshaping corporate legal risk management?

Apple has filed a federal lawsuit against OpenAI, alleging systematic misappropriation of trade secrets through former employees who allegedly brought confidential hardware designs...

Controlling the meaning of claim terms is essential to drafting strong patents, while pre-empting common claim construction issues is crucial to the scope of patents when it comes to infringement. In Socket Solutions, LLC v. Import Global, LLC, No. 2025-1121 (Fed. Cir. Aug. 4, 2026), the Federal Circuit vacated the district court’s grant of a preliminary injunction due to multiple errors in claim construction.

Intellectual property valuation determines the monetary worth of intangible business assets like patents, trademarks, copyrights, and trade secrets. Understanding IP value is critical for licensing deals, mergers and acquisitions, financing arrangements, infringement disputes, and ownership conflicts. The three primary valuation methods—income, market, and cost—each serve different asset types and business scenarios.

The Federal Circuit issued several significant patent decisions this week, addressing critical questions about prior art dating, design patent infringement standards, and the scope of preliminary injunctions. These rulings clarify important procedural and substantive issues that will impact patent litigation strategy and Patent Trial and Appeal Board proceedings.