Intercreditor Agreements

Intercreditor agreements play a pivotal role in establishing the rights and obligations between multiple creditors. These agreements are essential for ensuring a clear approach to debt management where multiple lenders are involved. The following points list five key issues that every borrower and lender should consider when negotiating an intercreditor agreement. 1. Priority of Liens […]

AI and Hotel Security

It is unsurprising that many people have asked me whether the hotel could be held liable in some way for P. Diddy assaulting Cassie Ventura.  After watching the video and having no other information, my initial reaction is that Cassie Ventura does not have a claim against the hotel. Nothing in the video suggests that […]

AI and Defamation

While ChatGPT 4.0 is far more cautious about making statements about specific individuals, it still hallucinates to disseminate damaging misinformation about people.  Litigation concerning prior versions of ChatGPT are winding their way through the courts right now with cases not being dismissed on purely legal arguments.  Earlier this year, a Georgia court ruled that OpenAI […]

AI and TRADE SECRETS

Almost one year has passed since news broke about Samsung employees sharing highly sensitive trade secrets with ChatGPT while testing software. As one of the world’s largest companies, Samsung has undertaken a wide–and expensive–series of measures to protect against intentional or unintentional disclosure of trade secrets. But trade secrets are usually taken without permission versus […]

AI And Data Security In The News (But Not In The News)

It is impossible for me to read the news and case law without thinking about how AI and Data Security issues impact today and the future. Here are some examples: Celsius Earnings Snafu: The company inadvertently had the information and press release publicly available before it planned to announce its earnings. Hedge funds and trading […]

Predictions on Future State-Level AI and Data Privacy Legal Frameworks

Greater public debate is necessary for society to determine how much more privacy it is willing cede. This includes the ability to learn information about your physical activities in your own home. This blog post recites three macro-issues with predictions regarding the regulatory regimes that will address these issues. Private Right to Action: Most state […]

AI: Choice of Law Provisions

One of my favorite “boilerplate” provisions now needs even more analysis. With state legislatures passing legislation and state court starting to issue rulings the choice of law governing your contract is more important than ever. The most notable state is California. Straightforward compliance with the California Consumer Privacy Act is not the whole battle because […]

AI Update: New FTC Proposed Rules

Earlier this month the Federal Trade Commission shared a notice seeking comments from the public about proposed rules concerning potential liability for generative AI developers. The new rule would (A) find generative AI developers liable for fraudulent impersonation of individuals and (B) create potential liability for companies providing the “means and instrumentalities” of such fraudulent […]

Commercial Forbearance Agreements: Borrower Considerations

            Forbearance is the act of temporarily refraining from taking action against someone or something.   In the commercial lending context, forbearance means the lender is refraining from exercising its remedies because the borrower defaulted on its loan.              Forbearance agreements can be simple and straightforward.  They can also be complicated contracts with many moving parts, […]

Protecting Limited Liability

A recent case in New York serves as an important reminder to follow corporate formalities to protect against “piercing of the corporate veil.”  In RPH Hotels 51st S. Owner, LLC v. Icon Parking Holdings, LLC, the defendant holding company was found liable for the debts of three wholly owned subsidiaries. Applying Delaware law, the Court […]