If you are moving fast with generative tools, the best legal practices when you use AI are not optional. They are what keep a promising brand from turning into a trademark dispute, a false advertising claim, or a costly rebrand.What are the best legal practices when you use AI for branding?The best legal practices when you use AI for branding are to keep meaningful human control, clear names and slogans before launch, verify every marketing claim, review vendor terms, document creative decisions, avoid lookalike prompts, and require legal signoff before a campaign goes live. That answer matters because the…
Continue Reading AI Efficiency Does Not Equal Legal Protection for Your Brand

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.

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.

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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

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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.

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.

Continue Reading The Hidden Costs of Cloud Software