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Through the ADventures in Law Blog, BakerHostetler’s Advertising, Marketing and Digital Media team provides updates and analysis on issues and trends in the advertising and marketing industry.

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ADventures in Law

The Antitrust Advocate blog provides insights and commentary surrounding complex antitrust litigation and trade regulation. It’s presented by members of BakerHostetler’s Antitrust and Competition Team.

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Antitrust Advocate

BakerHostetler’s Blockchain Monitor is a weekly blog curated and written by our in-house team of blockchain attorneys. Published every Monday, the blog is dedicated to providing our clients, friends and industry contacts with a concise weekly update of key developments in the fast-paced blockchain industry. By subscribing below you will receive the blog in your email inbox every Monday afternoon.

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Blockchain Monitor

BakerHostetler successfully defends class actions around the country. Our team consists of seasoned class action litigators who have represented clients in state and federal courts and in multidistrict litigation in areas such as consumer fraud, securities, antitrust, ERISA, RICO, insurance and data breach.

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Class Action Lawsuit Defense

Commentary Addressing Risks and Opportunities Through the Lifecycle of Data, Technology, Advertising and Innovation.

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Data Counsel

The Discovery Advocate blog is presented by members of BakerHostetler’s E-Discovery Advocacy and Management Team (EDAM).  Today’s modern discovery practice requires a practical approach backed by specialized expertise; Discovery Advocate examines the developments and trends that impact today’s litigants in the trenches of litigation and beyond.

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BakerHostetler represents employers in a wide array of class action disputes. This blog is written by members of its Labor and Employment Group.

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The Employment Law Spotlight blog is written by attorneys of our national Labor and Employment Group, with an eye toward helping employers avoid litigation.

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BakerHostetler is at the forefront of national law firms providing clients involved in every facet of healthcare delivery across the country with comprehensive legal counsel of remarkable responsiveness, creativity, quality and value.

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In today’s global economy, patents, trademarks, copyrights, trade secrets, domain names and other intellectual property (IP) are among the most valuable assets of market leaders and rising businesses.

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Covering energy and environmental law, Pillar and Post will be your “catalog of record” for legal issues as law and policy careen back and forth under the influence of new ideas and enthusiasms.

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Pillar and Post

The Bargaining Table blog is written by attorneys of BakerHostetler’s Labor Relations team, with an eye toward helping employers manage their unionized workforces.

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The Bargaining Table

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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The use of noncompetes is now shifting across the country. Many states are limiting the use of noncompetes. Several states have enacted or are considering prohibitions on noncompetes. Nationally, the Federal Trade Commission is engaging in a rulemaking that could ban noncompete agreements between employers and employees. What does all of this mean for your business? Are there alternatives to noncompetes that can protect your business?

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Since the recent Dobbs decision, which overturned Roe v. Wade, companies have been impacted nationwide and have several new legal angles to consider as it relates to their employees and their businesses. With that in mind, we’ve created a new podcast series, Dobbs on Demand, designed to help you navigate this new and evolving landscape.

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DSIR Report Deeper Dive - 2022

DSIR Report Deeper Dive - 2023

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Technology from the Top: AI, Data and the Future of Business with Today’s CIOs

The Cloakroom podcast series brings you inside Capitol Hill with insightful interviews and discussions with leading lawmakers, both Republicans and Democrats from the House and Senate. Hosted by former Congressman Peter Roskam, who leads BakerHostetler’s Federal Policy team, you’ll hear firsthand about the latest policy debates on taxes, healthcare, energy, financial services and more.
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Case Tracker: Artificial Intelligence, Copyrights and Class Actions

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On April 30, 2024, eight newspaper publishers brought suit against OpenAI and Microsoft, alleging that defendants “purloin[ed] millions of [Plaintiffs’] copyrighted articles without permission and without payment to fuel the commercialization of” their generative AI, including ChatGPT and Copilot.  

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Parties are briefing defendants’ respective motions to dismiss and OpenAI’s motion to consolidate with <a href="https://www.bakerlaw.com/new-york-times-v-microsoft/" target="_blank" rel="noreferrer noopener">New York Times</a>.

Case Background

Caption: Daily News LP et al v. Microsoft Corporation et al, No. 1:24-cv-03285&nbsp;&nbsp;

Court: Southern District of New York

Judges: Judge Sidney H. Stein and Magistrate Judge Ona T. Wang

Parties: Plaintiffs – Daily News, LP; Chicago Tribune Company, LLC; Orlando Sentinel Communications Company, LLC; Sun-Sentinel Company, LLC; San Jose Mercury-News, LLC; DP Media Network, LLC; ORB Publishing, LLC; and Northwest Publications, LLC, represented by Rothwell, Figg, Ernst &amp; Manbeck, P.C.

Microsoft – Microsoft Corporation, represented by Faegre Drinker Biddle &amp; Reath LLP and Orrick, Herrington &amp; Sutcliffe LLP&nbsp;

OpenAI – OpenAI, Inc.; OpenAI LP; OpenAI GP, LLC; OpenAI, LLC; OpenAI OpCo, LLC; OpenAI Global, LLC; OAI Corporation, LLC; OpenAI Holdings, LLC represented by Latham &amp; Watkins LLP, Morrison &amp; Foerster LLP, and Keker, Van Nest &amp; Peters LLP

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Status Updates

June 14, 2024 – OpenAI filed motion to consolidate with New York Times v. OpenAI

OpenAI filed a motion to consolidate this case with New York Times v. OpenAI for discovery and pretrial purposes, following the schedule of the instant case.&nbsp;

June 11, 2024 – Microsoft filed motion to dismiss Counts 4, 5, 6 and 8 

Microsoft moved to dismiss certain claims, alleging that it suffers from the same deficiencies as the claims in <a href="https://www.bakerlaw.com/new-york-times-v-microsoft/" target="_blank" rel="noreferrer noopener">New York Times v. OpenAI</a>, calling the instant case a “follow-on lawsuit.”&nbsp;

Microsoft argued the contributory infringement claim based on end user activity (Count 4) should be dismissed, as plaintiffs failed to allege any instance of direct infringement by a user and cannot allege that Microsoft knowingly participated in such activity. 

Citing <a href="https://www.bakerlaw.com/openai-chatgpt-litigation/" target="_blank" rel="noreferrer noopener">Tremblay v. OpenAI</a> and <a href="https://www.bakerlaw.com/andersen-v-stability-ai/" target="_blank" rel="noreferrer noopener">Andersen v. Stability AI</a>, Microsoft argued that plaintiffs cannot allege that Microsoft had the necessary knowledge that removal would “induce, enable, facilitate, or conceal infringement” or that CMI was removed from identical copies. Therefore, plaintiffs’ DMCA claim (Count 5) should be dismissed.&nbsp;

Microsoft argued that the misappropriation claim (Count 6) was preempted by the Copyright Act.&nbsp;

Microsoft argued that the claim for dilution of business reputation under New York’s Gen. Bus. Law § 360-l (Count 8) must be dismissed because to enforce state law as plaintiffs suggest “would be an unconstitutional attempt to directly regulate transactions with no connection to the State of New York.”&nbsp;

June 11, 2024 – OpenAI filed motion to dismiss Counts 4 through 7 

&nbsp;OpenAI filed a motion to dismiss [80, 82] the “ancillary claims” of what OpenAI characterized as a “copycat lawsuit” modeled on <a href="https://www.bakerlaw.com/new-york-times-v-microsoft/" target="_blank" rel="noreferrer noopener">New York Times v. OpenAI</a>. OpenAI argued that the statute of limitations limits plaintiffs’ direct infringement (Count 1), contributory infringement (Count 4), and DMCA §1202(b) (Count 5) claims, and that these claims should be dismissed with respect to activities occurring more than three years ago “so the parties can focus discovery on activities within the limitations period.”&nbsp;&nbsp;

OpenAI argued the contributory infringement claim (Count 4) “would ascribe liability to OpenAI based on generalized knowledge of third-party infringement, rather than actual knowledge of specific infringements, which the law requires.”  

OpenAI argued that plaintiffs lacked standing to bring their CMI claim (Count 5), as they have not suffered injury in fact. Citing <a href="https://www.bakerlaw.com/openai-chatgpt-litigation/" target="_blank" rel="noreferrer noopener">Tremblay v. OpenAI</a>, OpenAI argued that (1) the claims related to content in its internal database does not meet the requirement that such removal enable infringement and (2) the claims related to content output by OpenAI tools fail as none of the outputs are identical copies of the asserted works.&nbsp;&nbsp;

OpenAI argued that the misappropriation claim (Count 6) was preempted by the Copyright Act.&nbsp;

OpenAI argued that because defendants did not plead sufficient facts to demonstrate that their trademarks are sufficiently “famous,” their federal trademark dilution claim (Count 7) should be dismissed.&nbsp;

Apr. 30, 2024 – Newspaper publishers filed complaint against Microsoft and OpenAI 

Eight newspaper publishers filed a complaint in the Southern District of New York against Microsoft and OpenAI, alleging that their generative AI models infringe on plaintiffs’ copyrighted journalism. Plaintiffs focused on generative AI models’ “practice of generating misinformation and then wrongfully attributing it” to plaintiffs, arguing that defendants in turn damage plaintiffs’ brands, credibility, and reputation and undermine plaintiffs’ investment, goodwill, and reputation.&nbsp;&nbsp;

The complaint alleged eight causes of action:&nbsp;

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Plaintiffs demanded a jury trial and requested damages, disgorgement, attorney fees, a permanent injunction, and an order to destroy all models and training sets that incorporate plaintiffs’ works under 17 U.S.C. § 503(b).

Apr. 30, 2024 – Plaintiffs filed statement of relatedness  

Plaintiffs requested that this action be related to <a href="https://www.bakerlaw.com/new-york-times-v-microsoft/" target="_blank" rel="noreferrer noopener">New York Times Company v. Microsoft Corporation et al</a>.&nbsp;

Select Court Documents 

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/05/ECF-1-Complaint-Daily-News-v.-Microsoft.pdf" target="_blank" rel="noreferrer noopener">Apr. 30, 2024 – ECF 1 Complaint </a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-80-82-OpenAI-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">June 11, 2024 – ECF 80, 82 – OpenAI Motion to Dismiss </a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-76-77-Microsoft-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">June 11, 2024 – ECF 76, 77 Microsoft Motion to Dismiss </a>