Summary Judgment Granted for Plaintiffs After Fatal Car Crash. Spivak v. Heyward, 248 A.D.2d 58 (N.Y. App. Div. 1998)

OpenAI darf die Konversationen aus der Nutzung von APIs und ChatGPT aufgrund einer gerichtlichen Verfügung in den USA vorläufig nicht mehr löschen. In der Folge muss Open unfreiwillig Milliarden von Konversationen mit ChatGPT und über die API vorläufig aufbewahren. OpenAI kann damit viele gesetzliche und vertragliche Pflichten nicht mehr einhalten. Hintergrund ist ein Rechtsstreit zwischen der New York Times und OpenAI an einem Gericht in New York. Die New York Times hatte Ende 2023 gegen OpenAI wegen der Verwendung von Zeitungsartikeln für das Training von KI-Modellen geklagt. 13. Mai 2025: Gericht verfügt Aufbewahrung aller «Output Log Data» Im Rechtsstreit steht der Vorwurf im Raum, OpenAI habe «Output Logs» bzw. «User Conversations» gelöscht, welche die New York Times für das Verfahren für wichtig hält: «[In] the immediate months after The Times…

We recently posted a piece about how local Sen. Joan Huffman (R-Houston) has once again lobbied the Texas Legislature during its 2025 session to gut the Michael Morton Act—a 2013 act designed to prevent wrongful convictions—in a manner that would resurrect the kind of prosecutorial misconduct that made Texas one of the nation’s leaders in wrongful convictions secured through such misconduct. Not satisfied with this draconian law-and-order effort (a pro-victim/prosecution effort as she would call it), Huffman has joined forces with Gov. Gregg Abbott, Lt. Gov. Dan Patrick, and a cadre of her like-minded Republican colleagues to restrict bail constitutionally. At the opening of the 2025 Legislative session earlier this year, Abbott used his State of State Address to inform the legislature (58 percent of whom are Republicans) that his continued political assault on the constitutional right to bail would be an “emergency item” for lawmakers. Lt. Gov.…

Milwaukee County Circuit Judge Hannah Dugan pleaded not guilty Thursday in federal court to charges alleging she interfered with federal immigration enforcement by assisting a noncitizen avoiding arrest by US Immigration and Customs Enforcement (ICE). Judge Dugan is facing two federal charges, the first being concealing an individual to prevent arrest, and the second obstruction of justice. The charges stem from an April 18 incident in which she allegedly helped a man identified as Eduardo Flores-Ruiz, who is reportedly in the US without legal status, exit her courtroom through a back door to evade ICE agents waiting in the courthouse. The arraignment took place in the US District Court for the Eastern District of Wisconsin, where Magistrate Judge Stephen Dries scheduled a trial to begin on July 21. Dugan’s attorney, Steven Biskupic, stated the trial is expected to last approximately one week. Federal prosecutors allege that Dugan’s actions constituted active…

[The brief is on behalf of the Cato Institute and myself. ] Venezuelans fleeing the socialist regime of Nicolas Maduro. (NA)  On Friday, the Cato Institute and I filed a Supreme Court amicus brief in Noem v. Doe, a case where the Trump Administration is trying to terminate parole status for over 500,000 legal immigrants from four Latin American nations. The brief is available here. Here's a summary of the brief I prepared for the Cato website: In early 2023, the Department of Homeland Security established a program under which citizens of Cuba, Haiti, Nicaragua, and Venezuela ("CHNV") were eligible to request two years of humanitarian parole into the United States if someone lawfully present in the United States was willing to sponsor them and commit to providing financial and other support. The policy was based on the highly successful Uniting for Ukraine parole program and a more limited parole program for Venezuelan nationals, both of which began in…

Dentons Lee is pleased to welcome Senior Foreign Attorney Anna Jeewon Shin (Admitted to the New York and New Jersey Bars).

Global law firm Dentons, with a team led by Oliver Dreher, has again advised the German Finance Agency (Bundesrepublik Deutschland – Finanzagentur GmbH) on the successful syndication of a federa

We’re thrilled to announce that Dentons LuatViet has been honored in 8 practice areas at the Asia Business Law Journal (ABLJ) Vietnam Law Firm Awards 2025—doubling our previous recognition

We are pleased to announce that Senior Attorney Hailey Hye-in Jin has been appointed as Legal Advisor to Jeonbuk Special Self-Governing Province for a two-year term, effective May 15, 2025.

Global law firm Dentons has advised Grupa Pracuj - the leader in HR Tech in Central and Eastern Europe - on a series of transactions to increase its stake in two leading Ukrainian recruitment platform

Israel’s High Court of Justice ruled Wednesday that the cabinet’s dismissal of Shin Bet chief Ronen Bar was “improper” and “unlawful.” The court found the firing lacked valid justification and was based on a “thin and shaky factual foundation.” Expanding on the court’s reasoning, Court President Justice Isaac Amit condemned the government’s failure to consult the Senior Appointments Advisory Committee. He emphasized the critical importance of maintaining the Shin Bet’s independence, warning that granting the government unchecked control over the agency’s leadership would politicize it and compromise its vital role in protecting Israel’s democratic institutions. The court’s concerns were further magnified by the context surrounding Bar’s dismissal. Prime Minister Benjamin Netanyahu, who announced Bar’s removal in March citing a loss of confidence, did so amid ongoing sensitive…

Links and Google Rankings We will cover how citations and link-building may contribute to improving rankings on both Google’s organic search results and Google Business Profiles. Key concepts will be outlined, including the definition of a link, its impact on search rankings, fundamental principles of link value, and strategies for internal and external linking. Understanding these factors is essential for developing a robust SEO strategy that enhances online visibility and authority. The Link and Its Attributes Links serve as the backbone of the web, connecting pages and allowing seamless navigation between them. Essentially, a link directs users from one webpage to another, a fundamental principle that has shaped the internet since its inception. While early digital tools like HyperCard existed before the web, hyperlinks between sites created today’s interconnected online world. Before Google’s rise, search engines like AltaVista and Lycos led the…

Talking with parents about unwanted belongings can be a challenging conversation. Estate planning exists because people no longer have use for their possessions after they have died. These belongings must be given new homes. Estate planning documents like wills and trusts are used to designate heirs for assets. Although some assets are beneficial to loved ones, others are not. Initiating conversations with your parents about what you do not want to inherit can feel uncomfortable, but it is necessary. Families can avoid conflict and emotional stress through loving and open conversations around expectations. Discussing estate planning as a family can help clarify the distinction between property with sentimental value and unwanted belongings. Why Inheritance Conversations Matter All people enter the world with nothing. Their possessions are accumulated across their lifespan. Although some of these belongings carry deep meaning and value to various family members, others may not…

Golfers sustaining injury while out on the links is sometimes “par for the course”. Due to the nature of the sport, California courts consistently apply the “assumption of the risk” doctrine to claims by golf participants against golf course operators for injuries sustained from risks that are inherent in the sport itself. For example: “Golf is an active sport to which the assumption of the risk doctrine applies. (Dilger v. Moyles (1997) 54 Cal.App.4th 1452, 1454.) A recreation provider “owes no duty to a participant in an active sport to use due care to eliminate risks inherent in the sport.” (American Golf Corp. v. Superior Court (2000) 79 Cal.App.4th 30.) “When the risks are inherent, the defendant does not have a ‘duty to protect the plaintiff from those risks…or take steps to reduce those risks.’” (Fazio v. Fairbanks Ranch Country Club (2015) 233 Cal.App.4th 1053, 1058.) The inherent risk in golf…

["This means Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status."] So the Department of Homeland Security announced today. A few tentative thoughts; if it turns out that I have erred in my understanding of the facts or of the program, I'll update them as necessary: [1.] Unsurprisingly, student and exchange visitor visas are issued only to people who can show that they really are students and exchange visitors, and at recognized institutions that fulfill the visa program's goals. There are therefore procedures both for certifying and decertifying educational institutions as eligible for the Student and Exchange Visitor Program. [2.] Equally unsurprisingly, institutions have to provide various information about students and the students' conduct. The DHS letter claims that: On April 16, 2025, Secretary Noem demanded Harvard provide information about the criminality and misconduct of foreign…

["Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."] From today's majority opinion in Trump v. Wilcox (see also Josh's post below): The Government has applied for a stay of orders from the District Court for the District of Columbia enjoining the President's removal of a member of the National Labor Relations Board (NLRB) and a member of the Merit Systems Protection Board (MSPB), respectively. The President is prohibited by statute from removing these officers except for cause, and no qualifying cause was given. The application for stay presented to The Chief Justice and by him referred to the Court is granted. Because the Constitution vests the executive power in the President, see Art. II, §1, cl. 1, he may remove without cause executive officers who exercise that power on his…

[In the span of a single day, Chief Justice Roberts continues his attempts at moderation for the sake of moderation without any actual reasoning.] At One First Street, life comes at you fast. On May 22 at 10:00 a.m., the Court 4-4'd in St. Isidore v. Drummond, letting the Oklahoma Supreme Court's decision stand. I wrote: Before the case was even argued, I made a crude prediction to several reporters that the Chief would take the easy-out, and just vote to 4-4 affirm. There would be no opinion, and the Court could focus on more important issues. The children of Oklahoma really didn't matter. What was that "more important issue"? Trump v. Wilcox. After 5:00 p.m. on May 22, after the markets closed, right before a holiday weekend, the Court issued a two-page per curiam opinion in the removal power case. (I'm sure Roberts was humming the Jimmy Buffet song when planning the release time.) The Court, by an (ostensible) 6-3 vote, stayed the lower…

Nicholas A. Caputo, Oxford Martin School, is publishing 'Quiet' Enjoyment: Uncovering the Hidden History of the Right to Attention in Private and Public in the Stanford Technology Law Review (forthcoming 2025). Here is the abstract. Legal scholars have largely neglected attention as a subject of legal rights, even as attention has become one of the most valuable economic resources of the modern era. This Article argues that a right to attention has existed implicitly in American law since the early twentieth century, emerging in response to technological, social, and economic changes in that period that made attention both increasingly valuable and increasingly impinged upon, as America shifted toward knowledge work and leisure activities that demanded sustained focus. By examining court decisions in private law doctrines around property and public law doctrines around speech that can only be explained by reference to an implicit right to attention, this Article…

Avoiding the illegal franchise What is an illegal franchise? An “illegal franchise” refers to a business relationship that meets the legal definition of a franchise but is being operated under a different label—often as a licensing, consulting, or distribution agreement—without complying with franchise laws.  The Legal Definition of a Franchise Under federal law, franchising occurs anytime the following three elements are present:Promise to Provide a Trademark: The buyer will obtain the right to operate a business that is identified or associated with the seller’s trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with the franchisor’s trademarkPromises to Excerise Significant Control or Provide Significant…