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The Law and Other Anomalies

The Law and Other Anomalies
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Category Archives: The Law

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Board Composition in the Coming Years

Posted on September 21, 2023 by Stephen Honig

This is the first, brief post based on this morning’s program at  Boston’s Seaport Hotel sponsored by National Association of Corporate Directors–New England.  (Disclosure: I am on the Advisory Board to, and Secretary of, NACD-New England). At the end of … Continue reading →

Posted in The Law

SEC vs. NFT

Posted on September 18, 2023 by Stephen Honig

The law relating to nonfungible tokens continues to limp along without clear guidance.  In the past, the SEC has taken the general position that if you sell an NFT based on the express or implied promise of making a profit … Continue reading →

Posted in The Law

New Copyright Case: AI-Generated Art Cannot Be Protected

Posted on September 7, 2023 by Stephen Honig

I have previously posted about the issue of whether US copyright protection is available for art or text created by use of artificial intelligence.  On August 18, the United States District Court for the District of Columbia denied copyright protection … Continue reading →

Posted in AI, The Law

Corporate Directors Need to be GAI-Aware

Posted on August 25, 2023 by Stephen Honig

This post is a recommendation to corporate directors and C-level executives to take a look at the magazine Directorship, which is available to members of the National Association of Corporate Directors.  [Alert: I am a member of the New England Chapter … Continue reading →

Posted in AI, The Law

SEC Heightened Regulation of Advisers to PE, Hedge Funds

Posted on August 24, 2023 by Stephen Honig

Back from a European holiday and need to catch you up on a few things. Let me start with new regulations of SEC-registered advisers to private equity and hedge funds.  In a now-familiar pattern for increased regulation (approval by a … Continue reading →

Posted in The Law

Old-Time Anti-Trust Enforcement

Posted on July 21, 2023 by Stephen Honig

This week the Department of Justice and the Federal Trade Commission released draft guidelines relating to permissible mergers, that is mergers that they will not challenge and attempt to prevent.  The guidelines are substantially different from, and materially less favorable … Continue reading →

Posted in The Law

Stephen King, Tom Stoppard and GAI

Posted on July 18, 2023 by Stephen Honig

All the above are famous writers.  The first two have copyright protection. Writers can copyright their works.  What protection does a human writer have who claims protection against copying when a text is generated by GAI on instruction from that … Continue reading →

Posted in AI, The Law

AI Issues in Laws Affecting Health Care

Posted on July 18, 2023 by Stephen Honig

AI has a significant role, and a growing role, in healthcare.  AI can apply massive date to improve diagnosis, treatment program design, drug development and robotic surgery.  Medical literature doubles every seven years, promising massive updated data to be processed … Continue reading →

Posted in AI, The Law

SEC Focus on FDA-Regulated Companies

Posted on July 13, 2023 by Stephen Honig

The FDA has a Task Force with focus on companies subject to FDA regulation/clearances.  It should be remembered that while the SEC regulates, and monitors disclosure by, public companies, much of what they do also covers private enterprises which raise … Continue reading →

Posted in The Law

Will SEC Make Capital Formation for Small Business Easier?

Posted on June 16, 2023 by Stephen Honig

The SEC has a Small Business Capital Formation Advisory Committee (“Committee”)  to propose regulation that would make it easier for small business to raise investment capital.  A recent survey found that 89% of small businesses feel capital-limited, but only 6% … Continue reading →

Posted in The Law

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Stephen Honig at Duane Morris LLP
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The statements and views expressed in this posting are my own and do not reflect those of my law firm, are intended for general informational purposes only, and do not constitute legal advice or a legal opinion.
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