Attorneys using generative AI can borrow a familiar litigation skill: Evaluate AI-generated output the way they would evaluate an opposing expert witness opinion under Federal Rule of Evidence 702. An expert witness cannot simply “waltz into the courtroom and render
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Can AI Prompting Satisfy the Copyright Office’s Human Authorship Requirement?
After the Supreme Court declined to hear the case Thaler v. Perlmutter, it appears settled that AI “cannot be the recognized author of a copyrighted work.”1 But to what extent can a human obtain copyright protection for a work they…
DOL Takes Aim at Proxy Advisory Services—What Plan Fiduciaries Need to Know About Technical Release 2026-01 and Their Fiduciary Duties Related to Proxy Voting
ERISA Litigation Roundup: Supreme Court Unanimously Rules Multiemployer Pension Plans May Use Post-Measurement-Date Actuarial Assumptions to Calculate Withdrawal Liability
Washington Federal Court Dismisses TCPA Claims, Finding Insufficient Allegations of Vicarious Liability
A federal court in Washington recently dismissed TCPA claims against two insurance companies where the plaintiff failed to plausibly allege their vicarious liability. See Sundstrom v. Ocean Reef Media LLC, No. 26-5036, 2026 WL 1361646 (W.D. Wash. May 15, 2026).…
The IRS Makes It Easy for Employers to Set Up an Educational Assistance Plan
By Mark Rosenfeld & Inés Sosa
The Internal Revenue Service (IRS) recently issued a template plan document that employers can use to establish a qualified educational assistance program under Section 127 of the Internal Revenue Code (Code). For employers looking for a straightforward plan, the IRS…
Advertising Alert — Sit. Stay. Substantiate: NAD Review of Pet Food Claims Provide Important Reminders When Comparing Products
Brands are increasingly looking to draw sharp distinctions between their products and those of their rivals, and the pet food space is no exception. The National Advertising Division’s (NAD) recent decision in Case No. 7523, The Farmer’s Dog, Inc. v.…
In Case You Missed It: Faegre Drinker on Products — Winter 2026
Catch up on the latest developments of interest for product manufacturers. Here’s a quarterly compilation of the most popular blog posts on Faegre Drinker on Products. Instruction Malfunction: Pennsylvania Superior Court Vacates $1B Verdict Due to Faulty Jury Instructions By…
Interplay Between Statutes of Repose and Statutes of Limitations in Latent Disease Exposure Claims
By H. Max Kelln
As toxic tort claims alleging chronic illness from alleged chemical exposure continue to rise nationwide, the recent Kansas federal court decision in Jefferies v. Harcros Chemicals Inc., 2026 WL 958172, (April 9, 2026), highlights the power of statutes of repose,…
Thinking ESOPs: Department of Labor Identifies New Enforcement Priorities
By Rick Pearl