Technology Law Blog, IT Law & Articles | Foster Swift

How Businesses Are Reacting After United States of America v. Bradley Heppner

Taylor A. Gast, Lindsey M. Mead — Mon, 01 Jun 2026 09:00:01 -0400

After the United States of America v. Bradley Heppner decision in February of this year, businesses have been forced to reconsider their use of generative artificial intelligence (“AI”) in the workplace. Though the Heppner case before the United States District Court of the Southern District of New York (the “Court”) was in a criminal law context, the Court’s decision has created uncertainty regarding confidentiality and privilege expectations in a corporate setting, as well. For a deeper dive into the Heppner case, please see our previous article summarizing the case ...

Should Influencers Form an LLC? Key Advantages and Legal Considerations

Lindsey M. Mead, Olivia K. Reid — Wed, 29 Apr 2026 09:00:02 -0400

Since the 2010s, social media platforms have become one of the most popular uses of the internet, transforming the way individuals all over the world connect, share content, and build personal brands. As social media has grown, it has given rise to social media influencers – a term only recently added to the Merriam-Webster dictionary in 2019. Influencers have now turned their personal brands into thriving businesses of their own. Companies across the globe have partnered with influencers to market their products, and influencers have turned their online presence and posts into ...

State Privacy Laws Taking Effect in 2026

Taylor A. Gast, Lindsey M. Mead — Fri, 23 Jan 2026 09:00:03 -0500

Though there remains no comprehensive nationwide, federal privacy law on the books, several states in the U.S. have passed their own privacy statues to fill in the gap. As of 2025, at least 17 states have enacted some form of general consumer privacy laws. These states include: (1) California; (2) Colorado; (3) Connecticut; (4) Delaware; (5) Florida; (6) Iowa; (7) Maryland; (8) Minnesota; (9) Montana; (10) Nebraska; (11) New Hampshire; (12) New Jersey; (13) Oregon; (14) Tennessee; (15) Texas; (16) Utah; and (17) Virginia.

At the start of the new year, three other states join the list as ...

White House Unveils Sweeping AI Strategy, “America’s AI Action Plan”

Taylor A. Gast, Lindsey M. Mead — Tue, 29 Jul 2025 09:00:04 -0400

Following Executive Order 14179 from January 23, 2025 titled Removing Barriers to American Leadership in Artificial Intelligence, President Donald Trump’s administration has unveiled its awaited artificial intelligence (“AI”) roadmap to cement the United States as a front runner in the “race to achieve global dominance in [AI]”.

The plan, titled American’s AI Action Plan (the “Plan”), is a 28-page document that outlines more than 90 federal policy actions under three strategic pillars: (1) accelerating innovation; (2) building American AI ...

Recommendations on AI and Copyrightability from the U.S. Copyright Office’s Latest Report

Lindsey M. Mead — Tue, 06 May 2025 09:00:05 -0400

To hear more on this topic, business & IP attorney, Lindsey Mead, recently appeared on an episode of Expert Connexions to discuss the copyrightability of AI-generated content. See the interview here.

The United States Copyright Office (the “Office”) released the latest part in its Report on Copyright and Artificial Intelligence on January 29, 2025. Part 1, titled “Digital Replicas” was published on July 31, 2024 and discussed videos, images, and audio recordings that are manipulated to falsely depict individuals and information. This practice of creating ...

“Three-peat” Use Agreement in Place if Chiefs Win Super Bowl

Lindsey M. Mead — Fri, 07 Feb 2025 09:00:06 -0500

The Kansas City Chiefs and the Philadelphia Eagles are playing in Super Bowl LIX this Sunday, February 9. If the Chiefs win, this will be their third consecutive Super Bowl win, and, according to the Kansas City Star via reporter Blair Kerkhoff, the team can purportedly use Miami Heat team president and legendary NBA coach Pat Riley’s trademarked phrase “three-peat”.

Startups or Corporations: IP Strategies for All Businesses

Fri, 01 Nov 2024 09:00:07 -0400

Foster Swift attorney Mikhail "Mike" Murshak recently appeared on an episode of Michigan Reimagined, a podcast that discusses entrepreneurship and small business development and shares the stories of the people and organizations driving Michigan’s economic sustainability, to discuss the importance for a business to protect its intellectual property (IP).

Can AI-Generated Works be Copyrighted?

Lindsey M. Mead — Fri, 09 Aug 2024 09:00:08 -0400

With the influx of generative artificial intelligence (“AI”) tools and applications becoming readily available online, it is increasingly important to assess whether AI-generated works can obtain intellectual property protection. Specifically, in light of AI apps being able to create paintings, photographs, and illustrations from minimal prompting from an end-user, the United States Copyright Office (the “Copyright Office”) has had to consider whether such works can be copyrighted and to what extent.

AI Legal Issues That Can Impact Your Business

Taylor A. Gast, Lindsey M. Mead — Wed, 20 Mar 2024 09:00:09 -0400

Many businesses are using Artificial Intelligence (AI) tools in a variety of innovative ways to improve productivity and to save time and money. According to a 2023 Forbes article (forbes.com/advisor/business/software/ai-in-business/), 1 in 3 businesses plan to use ChatGPT to write their website content while 97% of business owners believe it will help their business.

Under the Bridge – The Rise of Copyright Trolls in the Intellectual Property Space

Lindsey M. Mead — Mon, 05 Feb 2024 09:00:10 -0500

Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants. The term “copyright troll” is an unflattering nickname for someone who manipulates the intellectual property (“IP”) laws to force a “toll” by way of a settlement payout on market participants.

Risks Make AI Workplace Policies a Requirement

Taylor A. Gast — Tue, 29 Aug 2023 09:00:11 -0400

Artificial intelligence (AI) is fast becoming an integral element in the operation of virtually every business and organization.

Legal Insights Into Businesses Using AI

Taylor A. Gast — Mon, 07 Aug 2023 09:00:12 -0400

The AI Revolution is here! Startups across our region are using AI tools in innovative new ways. But could there be legal pitfalls you haven’t considered?

Virtual Panel: TikTok, WeChat & More: Talking Tech and IP in The U.S. & China

Mon, 01 Feb 2021 09:00:13 -0500

The U.S. and China compete for global dominance in the areas of tech and innovation; however, in an era of global firms and global citizens they must also learn to cooperate.

What’s in a Name? Protecting Your Business’s Name from a Look-Alike

Andrew C. Vredenburg, Jim W. Scales (Summer Associate) — Wed, 24 Jun 2020 09:00:14 -0400

Due to the depth of information this article provides, the full article is linked below and is also featured under 'Publications' on this site.

As the old phrase goes: what’s in a name? For any business, a name is a brand. A name is tied to a reputation, a marketing strategy, and a presence within an industry. We have all laughed at off-brand products in grocery store aisles: Mountain Mist masquerading as Mountain Dew, Mr. Pibb stepping in for Dr. Pepper, or Cinnamon Crunch Squares replacing Cinnamon Toast Crunch. Other times, similar names represent companies in unrelated industries: Domino Sugar vs. Domino’s Pizza or Delta Airlines vs. Delta Faucets. But when does a company’s name cross the line into violating another company’s rights?

See the full article here.

What to Consider Before Filing a Patent

Fri, 06 Sep 2019 09:00:15 -0400

This blog has since been updated with new information

What is eligible for patent protection?

In the U.S., what is known as a "general utility patent" or what most people typically imagine a patent to be, protects the use and function of an invention. Processes, machines, articles of manufacture and compositions of matter are all patent eligible. You cannot get a patent for an abstract idea or something that you discover in nature; you have to have a true physical invention or a process that creates a transformation of some kind in order to be eligible.

Million Dollar Baby: Licensing Terms to Protect Your Ideas

Cody Mott (Summer Associate) — Mon, 09 Jul 2018 09:00:16 -0400

You have an idea, a million dollar invention! You have applied for and received a patent to protect that invention, but now what? One way to make money with your invention is to license your intellectual property rights to a third-party for production or use.

Supreme Court Strikes Down Provision of Lanham Act That Barred Registration of Disparaging Trademarks

Wed, 19 Jul 2017 09:00:17 -0400

The United States Supreme Court recently struck down a provision of the Lanham Act that denies registration of disparaging trademarks.

Copyright is “In Fashion” Following Supreme Court’s Decision Upholding Protection for Cheerleading Uniform Design

Thu, 01 Jun 2017 09:00:18 -0400

On March 22, 2017, in a 6-2 decision, the U.S. Supreme Court affirmed a ruling by the Sixth Circuit Court of Appeals in the case of Star Athletica LLC v. Varsity Brands Inc. that two-dimensional graphic designs are entitled to copyright protection as “pictorial, graphic, and sculptural works” under the copyright law for useful articles under certain circumstances. It is the first time that the Supreme Court has addressed copyright protection for apparel, and the ruling bolsters legal protections for members of the fashion and apparel industries.

Supreme Court Examines Where Proper Venue Lies for Patent Infringement Lawsuit

Tue, 23 May 2017 09:00:19 -0400

The Supreme Court recently decided a case involving the patent venue statute 28 U. S. C. §1400(b). The case, TC Heartland v. Kraft Foods Group Brands, No. 16-341, concerned flavored drink mixes made by TC Heartland, which is based in Indiana. Kraft sued it claiming patent infringement in Delaware, which has a high concentration of patent suits.

5 Tips for Investigating and Purchasing Cyber Insurance

Taylor A. Gast — Wed, 08 Feb 2017 09:00:20 -0500

In 2016 Lansing, MI's Board of Water and Light fell victim to a cyber-attack that resulted in $2.4 million in costs, including a $25,000 ransom paid to the perpetrators. In the aftermath of the breach, BWL announced that it was filing for a $1.9 million insurance claim under its cyber insurance policy, including $2 million in covered losses, less a $10,000 deductible.

There is a lot at stake for businesses when it comes to cyber-crime, which is why more and more businesses are investigating and purchasing cyber insurance to hedge against the risks associated with cyber security and data privacy.