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AI lawsuits are increasing as businesses use AI-generated logos and brand names without trademark clearance. Learn how the Lanham Act applies and how Taft can help mitigate risk.Artificial intelligence is transforming modern branding. Companies now use AI to generate product names, logos, taglines, social media campaigns, and even full-scale brand launches in minutes.The efficiency is undeniable. The legal exposure, however, is often overlooked.As discussed in recent legal commentary, businesses increasingly face AI lawsuits tied to trademark infringement, false designation of origin, and intellectual property disputes stemming from AI-generated branding.At Taft, attorneys working at the intersection of intellectual property, emerging
Continue Reading AI Lawsuits: The Legal Risks of AI-Generated Branding

Insurance coverage for trademark infringement lawsuits is far narrower than most executives realize. In this video, Bill Wagner, a partner in Taft’s Indianapolis office, explains what CGL policies may cover, why willfulness allegations destroy coverage, and how insurer-appointed defense counsel can put companies at risk.

Continue Reading Trademark Lawsuit Coverage Gap Most Executives Miss

Under new regulations effective January 1, 2026, California regulators now expect businesses to conduct an annual “cybersecurity audit” that assesses “how the business’s cybersecurity program protects personal information from unauthorized access, destruction, use, modification, or disclosure; and protects against unauthorized activity resulting in the loss of availability of personal information.”Now is the time to prepare for these requirements.As explained below, these requirements are detailed and contemplate a rigorous, professional, independent, evidence-based audit. Audit results must be shared with the California regulator under penalty of perjury.Applicability & Distinction from Risk AssessmentsCalifornia cybersecurity audit requirements apply generally to businesses which process the
Continue Reading Understanding California Cyber Audit Requirements

Under newly implemented regulations of the California Consumer Privacy Act (CCPA), California now requires a formal risk assessment “before initiating any processing activity” of certain (sensitive) sorts. The regulation explicitly contemplates that businesses will complete risk assessments now, in 2026.Eventually, such risk assessments – including those completed this year – must be signed by an executive and submitted to the California regulator under penalty of perjury.Businesses and executives subject to the CCPA must prepare now to address these requirements. In particular, the regulation may impact businesses and services including SaaS/technology firms, payments or financial technology solutions, services, consumer services, employment
Continue Reading New CCPA Risk Assessment Requirements Now In Effect

Warranties and representations, ownership of intellectual property, limitations of liability, and indemnity are among the most important issues when negotiating a software contract with an AI Vendor.

  • What’s reasonable?
  • What should you ask for?

That’s what I talk about in my latest video.

#erplawyer #erpcommunity #erpfailure #saps4hana #oraclecontracts #softwarelawyer #sapservices #saphanacloudplatform #saas #erpcloud #teamtaft #sapcontracts #oraclelawsuit #oraclefailure #oracletermination #saptermination

Continue Reading Negotiating An AI Contract? Here’s What You Need To Know

Artificial Intelligence (AI) is rapidly transforming the business world, moving from a niche technology to an integral part of operations across nearly every industry. Whether you are acquiring a technology company or simply using AI services such as customer chatbots or data analysis programs, businesses are being exposed to a new class of legal risks. To address these unique challenges, businesses and investors are increasingly including AI-specific representations and warranties in contracts and agreements. These clauses are becoming a crucial method for effectively allocating and mitigating AI-related uncertainty.Risks, Benefits, and Key ConsiderationsWhile the benefits of AI in terms of efficiency
Continue Reading The Expanding Prevalence of AI Clauses in Contracts

Protecting trade secrets starts with preparation. Building strong systems and habits helps keep valuable information secure and limits the risk of leaks.

  • Inventory Trade Secrets: List what information is confidential and record its value. Keeping good records helps if you ever need to prove your rights.
  • Regular Employee Training: Teach employees how to recognize and handle trade secrets. Refresh this training regularly so protocols stay top of mind.
  • Implement Strong Agreements: Have anyone with access sign clear contracts that set expectations during and after their time with your business. Written agreements make enforcement easier if there’s ever a problem.
  • Control

  • Continue Reading Six Practical Steps for Protecting Trade Secrets

    ERP vendors are notorious for creating a false sense of urgency with arbitrary support deadlines, promises of expanded functionality, and artificial intelligence to force customers to the Cloud.

    • Vendors are not pushing you to the Cloud for your benefit.
    • Just because a vendor is sunsetting support doesn’t mean you don’t have options.
    • One of the worst options is paying the vendor a premium for extended support beyond the drop-dead date.

    The reality is that the Cloud is not always better; it can be detrimental.

    • If you have a highly customized system that incorporates your business processes and provides you with


    Continue Reading The Truth About ERP Upgrades And Migrating To The Cloud

    Your company’s most valuable assets may not appear on your balance sheet. They’re in your systems, your processes, your technology, and your people. Trade secrets don’t require registration and don’t expire, but they only remain protected if you actively safeguard them.

    This video explains what qualifies as a trade secret under U.S. law and how to know if your company is doing enough to protect its most valuable information.

    #insurancecoverage #LitigationStrategy #businesslaw #riskmanagement #commerciallitigation #tradesecrets #businesslaw #ipprotection #BillWagnerLaw #InnovationLaw

    Continue Reading U.S. Trade Secrets In An AI-Driven World

    Vendors tout cloud software as a cheaper alternative to traditional on-premise solutions.

    • While cloud solutions can often be implemented at a lower cost, the cost of accessing and using the cloud solution over the life-cycle of the product is often more expensive than an on-premise solution.

    I discuss these issues in my latest video.

    #erplawyer #erpcommunity #erpfailure #saps4hana #oraclecontracts #softwarelawyer #sapservices #saphanacloudplatform #saas #erpcloud #teamtaft #sapcontracts #oraclelawsuit #oraclefailure #oracletermination #saptermination

    Continue Reading The Hidden Costs of Cloud Software

    The likelihood that your ERP project will take longer than expected, be more challenging than anticipated, and cost more than initially estimated is exceptionally high.

    • Common causes of ERP project failure include inadequate requirements gathering, unrealistic timelines, insufficient testing, and resistance to change.
    • What can you do to maximize success?

    I talk about this in my latest video.

    #erplawyer #erpcommunity #erpfailure #saps4hana #oraclecontracts #softwarelawyer #sapservices #saphanacloudplatform #saas #erpcloud #teamtaft #sapcontracts #oraclelawsuit #oraclefailure #oracletermination #saptermination

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    Continue Reading Stop ERP Failures: Critical Mistakes to Avoid in Your Digital Transformation

    When a lawsuit hits your manufacturing business, the last thing you want is uncertainty about your insurance coverage. 

    In this video, I’ll walk you through how to position your company to recover fast and fully when facing legal trouble. If your operations are evolving, your insurance plan should be too.

    #insurancecoverage #LitigationStrategy #businesslaw #riskmanagement #commerciallitigation #manufacturingindustry #cyberinsurance #ProductLiability #legalinsights

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    Continue Reading Don’t Let a Lawsuit Stop Your Business

    AI is now deeply embedded in global supply chains, forecasting, and business decision-making, especially in the Manufacturing industry.

    In this video, I explain how manufacturers and tech-driven businesses can use insurance as a powerful risk management tool in disputes involving AI, robotics, and automation. If your company is using AI or system integration in critical operations, this video will show you how to protect your business and preserve leverage in case things go wrong.
    Continue Reading Strategies for Contract Disputes Involving Manufacturing Automation and AI

    Martin Edwards, vice president of Taft’s Public Affairs Strategies Group in Taft’s Washington, D.C. office, contributed to this post.

    On July 23, 2025, the White House published “America’s AI Action Plan,” which sets a public policy framework targeting the United States’ technological leadership in artificial intelligence. The AI Action Plan, coupled with three executive orders to further enforce the U.S. AI policy, is designed to “lead the world in AI.” President Donald Trump’s administration aims to cement U.S. global dominance in what it deems the three pillars of AI policy: innovation, infrastructure, and international diplomacy and security. Below,
    Continue Reading America’s AI Action Plan: Key Legal Takeaways for Businesses and Stakeholders

    The unfortunate reality is that AI fraud is happening right now.

    Our team works with businesses to help them understand the real threats posed by AI-generated emails, voice cloning, and deepfakes that are being used to commit sophisticated fraud.

    This video explains how these scams work, including real-world examples like a $25 million deepfake scam, and includes practical steps your company can take to verify payment changes, train staff, and tighten contracts to reduce your liability.
    Continue Reading AI Deepfakes Are Fueling Business Fraud

    Martin Edwards, vice president of Taft’s Public Affairs Strategies Group in Taft’s Washington, D.C. office, contributed to this post.

    Early on July 1, the U.S. Senate voted to halt an effort to impose a 10-year moratorium on state regulation of artificial intelligence. The vote, 99-1, removed the AI provision from President Trump’s “Big, Beautiful Bill” that had evolved from a full moratorium on state AI regulation for the next decade, to its most recent iteration that required states to adopt the ban in order to receive federal broadband funding over the next five years.

    Yesterday, Sen. Marsha Blackburn of Tennessee
    Continue Reading US States Can (And Will) Continue To Regulate Artificial Intelligence … for Now