Practical Guidance Podcast

In this episode of the Practical Guidance Podcast we speak with Frankfurt Kurnit partner, ⁠Jeremy Goldman⁠. Jeremy is a partner in the Litigation Group and Co-Chair of the Blockchain Technology Group, focusing on entertainment, media, intellectual property, technology, commercial and privacy law. He is also a Lexis Practical Guidance author. Today we speak about AI generators like ChatGPT and the potential infringement issues inherent in using this new tech. Check out some of Jeremy's articles for Lexis Practical Guidance including: ⁠Exclusive Rights of Copyright Owners⁠ and ⁠Fair Use Considerations⁠.

John Hickey of Hall Estill, serves as the lead shareholder for the firm's cannabis Law practice. Licensed in Oregon and Oklahoma, John has knowledge on all ends of structuring, financing, and running a cannabis business.  John not only represents growers and dispensaries, but founded his own cannabis farm in Oregon.  In this episode, John weighs in on the current methods for financing cannabis, M&A deals, and the potential for financing opportunities in light of possible forthcoming changes to the SAFE Banking act of 2021.  To learn more about this topic, and more related issues, check out Lexis' Practical Guidance Cannabis Research Kit.

In this episode we explore trade secrets and the current status of the Defend Trade Secrets Act (DTSA) with attorney and renowned author, Eric Bensen.  Mr. Bensen has advised clients throughout the United States as well as in Japan and Europe on intellectual property issues arising in litigation, licensing and transactional matters and has served as an expert witness on matters of intellectual property law.  Eric has penned treatise materials and articles for Lexis, Matthew Bender, and Practical Guidance.  Some of his works include: Milgrim on Trade Secrets, Patent Law Perspectives, Milgrim on Licensing, Bensen Patent Licensing Transactions, U.S. Patent Opinions & Evaluations and New York Intellectual Property Law.  To learn more about trade secrets view Eric's article on Trade Secret Fundamentals.  To learn more about the DTSA, and other related issues, check out Eric's Practical Guidance Practice Note on the DTSA. Another great reference material is Eric's, Defend Trade Secrets Act (DTSA) Claims and Remedies Checklist. access the transcript for this podcast episode within Lexis Practical Guidance, click here.

In this Labor and Employment edition of Practical Guidance we speak with Locke Lord partner, Richard Glovsky.  Richard handles significant employment-related litigation, including class actions, wage and hour issues, and discrimination and retaliation claims.  Glovsky is the author of several Lexis® Practical Guidance pieces, including: (1) Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response; (2) Coronavirus (COVID-19) Considerations for Traveling Employees; (3) Business Continuity and Emergency Planning; (4) Harassment Claim Prevention and Defense; (5) Avoiding Harassment Claims Video; and (6) The Latest on COVID Mandates and Related Issues.  Glovsky also authored the Practical Guidance L&E Massachusetts practice notes covering all aspects of Massachusetts employment law.  This episode of the Practical Guidance Podcast explores many of the issues employers should consider as they examine an in-person return to work with their employees.

Cannabis, hemp, and other marijuana related products have permeated the market over the past few years.  Legalization and the financing of cannabis related businesses are two of the biggest impediments to further growth in this sector.  Today, Tom Firestone, partner and co-Chair of Stroock's White Collar group, speaks with the podcast to look at the financing side of the industry.  We discuss the Safe Banking Act of 2021, the recent Farm Bill, and the many grey areas that have emerged in this space.  To learn more about this and other related issues read the Lexis Practical Guidance Cannabis Resource Kit.  To read the transcript of this interview on Practical Guidance visit this link.

NFTs (non-fungible tokens) have become all the rage.  From a recent copyright lawsuit over Quentin Tarantino's NFT of unreleased Pulp Fiction materials, to the micro-investment possibilities in Banksy artwork, NFTs are in the news and do not appear to be going away.  Step into this virtual world with Holland and Knight IP partner, Daniel Barsky.  Barsky regularly represents clients in intellectual property (IP), information technology (IT) and data-related licensing and transactional matters, including mergers and acquisitions (M&A), private equity transactions, joint ventures, and multilateral and multinational licensing agreements.  He speaks and writes frequently about emerging issues in intellectual property and technology law and is the author of the Lexis Practical Guidance article Non-fungible Tokens and Intellectual Property Law: Key Considerations.  To access the transcript for   this podcast episode within Lexis Practical Guidance, click here.

Hemp and CBD food and cosmetic products and sales are growing at exponential rates.  Step inside the FDA regulations and learn about the areas of opportunity for attorneys and investors in this conversation with Baker McKenzie's Healthcare and Life Sciences partner, Khelin Aiken.  Khelin practices in the area of US Food and Drug Administration regulatory and compliance law. She leverages her deep understanding of the US Food Drug & Cosmetic Act, US Public Health Service Act and their implementing regulations along with her prior experience at the US Food and Drug Administration (FDA) to help clients develop and achieve their strategic business objectives.  To learn more about this and other related issues read the Lexis Practical Guidance Cannabis Resource Kit.

With legalization of hemp and cannabis happening across the globe, attorneys are seeing growth in the M&A space in this industry.  In this episode we consider the situation from an International standpoint.  Baker McKenzie's life science partners, Peerapan Tungsuwan and Taro Preechabhan discuss the international M&A trends they are seeing with a focus on the South East Asian landscape.  To learn more about this and other related issues read the Lexis Practical Guidance Cannabis Resource Kit.

After the US District Court threw out the U.S. women's national soccer team's fair pay claim in May of 2020, the Team appealed to the 9th Circuit Court of Appeals to reinstate their wage claim against the U.S. Soccer Federation.  A decision is expected in 2022 and there is great interest in how this case will play out in other workplaces.  Bernard G. Dennis, III, an attorney in the Washington, D.C. Region office of Jackson Lewis P.C., discusses the U.S. women's case and the potential ripple effects of this decision on labor law. 

• The recent cyberattacks on network management company “Solarwinds,” the pipeline hack and other recent breaches brought cybersecurity back to the forefront of many attorney and companies' minds. The Biden administration followed up these attacks with an executive order delving into our nation's policies on cybersecurity and recently spoke with Putin on the topic.  In this episode we speak with Andreas T. Kaltsounis of Baker Hostetler.  Andreas co-leads the firm’s national Digital Risk Advisory and Cybersecurity Team and has worked with corporations on some of the largest publicly reported breach cases.  Today we discuss Solarwinds and how cyber threats are changing the ways companies and countries conduct business.  To learn more about how to prepare for and manage a cybersecurity incident, see the following Practical Guidance documents: Ransomware Planning and Response Best Practices and Data Breach Planning and Management.

Highly lauded entertainment attorney, Victoria Cook(of Frankfurt Kurnit) weighs in on the changes to the film and television market in light of Covid and the ways the market is shifting based on online consumption. Are theatrical releases dead? Has Tiger King created an insatiable thirst in viewers for documentary series/film? Is Hollywood finally recognizing that there is a meaningful desire from the public for content exploring the diversity in our world?  To learn more about motion picture production agreements and the impact of Covid-19 on deal terms, see Motion Picture Production Agreements and Documents in Practical Guidance.

The Smartmatic lawsuit against Fox News, Rudolph Giuiliani, Lou Dobbs and others arose out of the 2020 Presidential election and allegations of voter fraud. Since its inception, this billion dollar defamation/freedom of speech case has been a dominant player in the news. First Amendment legend and life-long absolute protector of free speech, Martin Garbus, weighs in on the Smartmatic case and the need to reassess what speech should be protected in our current social media landscape.