Intellectual Property Law and Copyright Laws

The Texas Business Court recently clarified who qualifies as an attorney when dealing with confidential and attorney's eyes only designations in discovery. In a case involving alleged trade secret misappropriation between rival transformer manufacturers, the court examined whether attorneys from India representing the plaintiff in other matters could access protected documents in the Texas state court case...

A Virginia federal court ruled that a company can still pursue trade secret claims even when a former employee never signed a nondisclosure agreement. The decision examines whether technical safeguards, access controls, and company policies can substitute for missing contractual protections in trade secret litigation.

Courts have escalated from warnings to enforcement on AI hallucinations in legal filings, with seven sanctions issued in the first six days of August 2026 alone. IP litigators face heightened exposure due to citation-heavy briefs, complex multi-factor tests, and cross-jurisdictional AI disclosure requirements that now include bar referrals for unverified AI-generated content.

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.

The Patent Trial and Appeal Board cancelled over half of instituted claims across IPR and PGR Final Written Decisions from June to July 2026, with significant variation in outcomes across different technology centers. This analysis examines claim survival rates, motion to amend statistics, and per-case disposition patterns compared to cumulative historical averages.

Companies can strengthen their patent portfolios by anticipating potential disputes long before litigation arises. Marshall Gerstein partner Ryan Schermerhorn explains how patent prosecution, portfolio monitoring, and enforcement should function as interconnected parts of a unified strategy rather than isolated stages of the patent lifecycle.

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.

Web3 does not make intellectual property law obsolete, but it changes how stakeholders create, license, distribute, and enforce IP rights across digital ecosystems. Organizations operating in this space must understand that owning a token does not include ownership of the underlying copyright or trademark rights.

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.

A federal appeals court has reversed a lower court's dilution ruling in the decade-long trademark dispute between Jack Daniel's whiskey and VIP's "Bad Spaniels" parody dog toy. The Ninth Circuit held that Jack Daniel's failed to prove the humorous dog toy actually tarnished its famous brand, despite creating a mental association with the whiskey marks.

A federal court awarded Van Leeuwen Ice Cream nearly $24 million in a trademark infringement case against Rebel Creamery, but less than a month later, Rebel filed for Chapter 11 bankruptcy protection.