The NFL Constitution's arbitration provision took not one, but two hits this week. Courts on opposite ends of the country ruled against the NFL on major arbitration issues with both refusing to compel arbitration based, in part, on the NFL Constitution’s arbitration clause. The first hit came from the Nevada Supreme Court in Gruden v. NFL, et al., and then, the Second Circuit handed the NFL another loss in Flores v. N.Y. Football Giants, et al. I’ve previously written about t

lululemon and Costco are alike in at least two ways: 1) they sell you plenty of stuff you don't need, and 2) they have cult-like followings. And, now, lululemon alleges that they are (too) similar in a third way--an unlawful one. On Friday, lululemon (or simply "lulu") filed a lawsuit in federal court alleging that Costco is infringing on its intellectual property, creating consumer confusion between lulu's products and Costco's products. Founded in 1998, lululemon prides its

Last week, a Florida federal district court granted a renewed motion for a preliminary injunction seeking to enjoin the enforcement of Florida’s social media law (Fla. Stat. § 501.1736). Generally, Florida’s social media law bars social media platforms from allowing those under the age of 14 from creating/having an account and prohibits those who are 14 or 15 from creating/having an account unless a parent/guardian provides affirmative consent. In granting the motion for a pr

Last week, a Florida federal district court allowed claims for products liability, wrongful death, unjust enrichment, and violation of FDUTPA (the Florida Deceptive and Unfair Trade Practices Act) against artificial intelligence companies to move forward. The claims arise from the tragic suicide of a minor, and the minor's estate seeks to hold the AI companies (and two founders) liable. According to the amended complaint, Daniel De Freitas and Noam Shazeer worked as engineers

Last month (April 2025), the Florida legislature passed a bill titled “The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act.” The CHOICE Act (or Act) seeks to enlarge the permissible duration of covered non-compete agreements for certain covered employees for up to four years. In addition to adding new provisions regarding noncompetes, the bill also provides guidance on garden leave agreements (I'll discuss this in a separa

Disclaimer: yes, the company and bag that I'm writing about today are unaffordable for 99% of Americans (made-up statistic but probably not far off). But, they are also the subject of so much litigation, and I love talking about them. While this lawsuit only directly affects the 1%ers, it could still have a potential impact on consumers more generally. So, please keep that in mind, go with it for the purposes of this post, and do not come for me in the comments. These are cha

The law is largely (entirely?) reactionary, and particularly so when it comes to new technology. We are watching this play out in the artificial intelligence (AI) context, specifically as it relates to copyright law. There are several copycat cases over OpenAI's use of copyrighted material in the training of its large language models (LLMs), which operate the ChatGPT software. Copyright owners are suing because according to them, their works were copied in the training proces

Flooded with half a million registrations every year, the U.S. Copyright Office sits front row to witnessing the upcoming trends in copyright law. The trend making its way through policy updates, registration contests, and ensuing litigation? The use of artificial intelligence (AI) to create expressive material. Last year, the Office launched an initiative focusing on AI's impact on copyright law and issued guidance on the registrability/copyrightability of works created usin