Baker Donelson

The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed that artificial intelligence (AI) cannot be the sole author on a copyright-registered work, but questions still remain as to the future of AI authorship. In a March 18, 2025 decision, the Court held that the Copyright Act of 1976 precludes AI from being the sole author of a federally copyrighted work but left questions about the future of AI authorship in copyright for Congress to resolve. Read more: https://lnkd.in/eM68_TYW By Paulluvi Henley

Artificial intelligence (AI) is reshaping the future of manufacturing. As manufacturing operations shift back to the U.S. in response to recent tariff policies, general counsels (GCs) in the manufacturing sector face a complex landscape. While reshoring may bolster domestic production, it also introduces challenges, such as higher labor costs and a shortage of skilled workers. As AI adoption has become a board-level priority, GCs are uniquely positioned to help business leaders navigate a rapidly evolving regulatory landscape. To that end, they should ask the following questions to help their companies maximize AI values and avoid legal pitfalls: https://lnkd.in/empfYJY8 By Vivien Fang Peaden, AIGP, PLS, CIPP/US/E, CIPM

Baker Donelson alumnus Richard Gossett was recently recognized by the ABA Standing Committee on Pro Bono and Public Service for his extraordinary dedication to pro bono work through ABA Free Legal Answers (https://lnkd.in/e7BZz9v). A former shareholder at the Firm, Mr. Gossett's pro bono legacy has been widely recognized, including Baker Donelson's Pro Bono Legacy Award in 2022 and the Tennessee Bar Association's Harris Gilbert Pro Bono Volunteer of the Year Award in 2021. Since the platform's launch in 2016, more than 15,000 attorneys have registered to volunteer with Free Legal Answers, and more than 400,000 questions have been posted by people seeking help with legal issues. See the full list of honorees here: https://lnkd.in/gV2KZVts #BakerDonelson #ProBono

A recent precedential decision enlarges the protection for foreign trademark owners. 𝘗𝘭𝘶𝘮𝘳𝘰𝘴𝘦 𝘏𝘰𝘭𝘥𝘪𝘯𝘨 𝘓𝘵𝘥. 𝘷. 𝘜𝘚𝘈 𝘏𝘢𝘮 𝘓𝘓𝘊, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to control their reputation and consider the "misrepresentation of source" as a claim in an opposition or cancellation proceeding when a defendant is deliberately copying and intentionally misleading consumers. The question was when is it acceptable to use a trademark in the U.S. that is the same as another company's trademark used 𝘰𝘶𝘵𝘴𝘪𝘥𝘦 the U.S. Read more: https://lnkd.in/eiUBZPpX By Catherine Hoffman

Legacy isn’t something you set out to build; it takes shape through the risks you take, the knowledge you share, and the way you show up every day, says Former Baker Donelson Shareholder Jackie Prester. After nearly three decades in the legal profession, she has seen firsthand how the most meaningful impact comes from small, consistent actions that add up over time. In this article, which was republished by Law360, she shares insights on the power of mentorship, seizing opportunities, and the lasting impact of everyday choices: https://lnkd.in/en-pWgiD

In late February, California lawmakers introduced new legislation that would impose sweeping restrictions on the use of location and tracking data. Known as the California Location Data Act (CLDA), this legislation goes a step beyond the current body of law governing location data – which generally only requires informed consent – by imposing substantive, strict limitations and prohibitions on certain location tracking activities, even where data subjects acquiesce. Just weeks later, California Attorney General Rob Bonta (California AG) announced an ongoing investigative sweep of companies using location data for compliance with the California Consumer Privacy Act (CCPA). Taken together, companies that collect or use location data should review (and, if necessary, modify) their current privacy practices immediately, as legal requirements and restrictions, regulatory scrutiny, and class action risk arising from this particular type of sensitive data will continue to increase as we move further into 2025 and beyond. Read more: https://lnkd.in/ecM_CCZm By Alisa Chestler, CIPP US, QTE, Matt White, CIPP/US, CIPP/E, CIPT, CIPM, PCIP, Alex Koskey, CIPP/US, CIPP/E, PCIP, and David Oberly

On April 11, 2025, USCIS will begin enforcing a requirement that certain foreign nationals register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer. This alert summarizes the origins of the registration requirement; identifies who is (and who is not) required to register; explains the registration process created by this new policy; and outlines the potential penalties for failing to register. Read more: https://lnkd.in/erSv8T8Z By Melanie Walker, Meredith C. Doll, and Antonio Garofalo III, Esq.

𝗖𝗠𝗦 𝗘𝗻𝗮𝗰𝘁𝘀 𝗡𝗲𝘄 𝗖𝗟𝗜𝗔 𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 𝗘𝗳𝗳𝗲𝗰𝘁𝗶𝘃𝗲 𝗝𝗮𝗻𝘂𝗮𝗿𝘆 𝟮𝟬𝟮𝟱 𝘞𝘩𝘢𝘵'𝘴 𝘊𝘩𝘢𝘯𝘨𝘦𝘥? CMS clarified and updated the CLIA regulations through final rulemaking issued on December 28, 2023, with several provisions becoming effective on December 28, 2024. The Final Rule (1) adjusts laboratory fees to provide sustainable funding for the user-fee-funded CLIA program; (2) revises certain requirements for both the histocompatibility test specialty as well as personnel responsibilities for CLIA laboratories; and (3) provides additional discretion to CMS by allowing it to impose alternative sanctions against noncompliant Certificate of Waiver labs. While much of the Final Rule went into effect 30 days after the rule's December 28, 2023, publication, CMS delayed implementation of the histocompatibility and personnel provisions of the final rule to ensure that clinical laboratories and laboratory accreditation organizations had sufficient time to comply with the new requirements. These provisions are now in effect. As a result, the rule's new degree requirements are in full force. 𝘞𝘩𝘰'𝘴 𝘍𝘦𝘦𝘭𝘪𝘯𝘨 𝘵𝘩𝘦 𝘐𝘮𝘱𝘢𝘤𝘵? The updated CLIA personnel and proficiency requirements necessitate immediate procedural costs for all clinical laboratories that conduct moderate or high-complexity lab tests and their related accrediting bodies. These changes will have system-wide implications for the body of personnel that clinical laboratories are interacting with and recruiting. 𝘞𝘩𝘺 𝘚𝘩𝘰𝘶𝘭𝘥 𝘏𝘦𝘢𝘭𝘵𝘩 𝘊𝘢𝘳𝘦 𝘗𝘳𝘰𝘷𝘪𝘥𝘦𝘳𝘴 𝘊𝘢𝘳𝘦? The Final Rule implements changes to CLIA regulations that have been in place for years and labs found to be out of compliance with the new requirements, face potential fines or penalties for such noncompliance. Additionally, the implementation of necessary updates may result in various incurred costs. 𝘞𝘩𝘢𝘵'𝘴 𝘠𝘰𝘶𝘳 𝘕𝘦𝘹𝘵 𝘔𝘰𝘷𝘦? Labs subject to CLIA should conduct an internal audit of current practices to identify any adjustments that may be necessary to comply with the Final Rule, including a review of personnel qualifications, training offerings, and testing procedures. Labs should also make budgetary adjustments to account for increased fees and additional expenses associated with meeting the increased training and compliance requirements. Finally, labs should stay informed and look for explanatory guidance or updates from CMS to help ensure proper implementation of practices that are consistent with the Final Rule. Read more: https://lnkd.in/e-Gw3MFC By Alissa Fleming, Tenia Clayton, and Katherine Denney

In this episode of the Everybody Leads podcast, Tim Lupinacci sits down with Lindsey Davis Stover and Shivam Mallick Shah, co-founders of 1953 Tequila, to discuss their leadership journeys and the mission-driven work behind their brand. They share insights on taking risks, making meaningful connections, and staying committed to a long-term vision, even in the face of obstacles. One of the biggest lessons they’ve learned? Sometimes rejection is a roadmap to success. In this clip, they explain how they turned "no" into an opportunity to build something authentic and groundbreaking. Discover their inspiring story and insights on Everybody Leads, available on Apple Podcasts or wherever you listen to your favorite shows: https://lnkd.in/eJJkWv9s