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Reviewing Copyright & Generative AI: The Good, the Bad, and the Unanswered

Articles

The term “artificial intelligence” is no longer confined to the pages of science fiction or the runtime of Blade Runner. But don’t let that fool you. AI has been a part of our lives longer than you may realize. From email automations to voice command search tools like Alexa or Siri, AI has become a prevalent and useful facet of technology. Over the past five years however, the emergence of generative AI models like ChatGPT, Midjourney, and DALLE has begged new ethical and legal questions, and the intellectual property considerations of both AI programs and their outputs are reaching a […]

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Virginia’s Right to Privacy and its Impacts on Marketing

Articles

Article co-written by Andrew Gay, Jake Bryant, and Summer Associate Carter Leverette Today, social media is a powerful tool for marketing. Influencers, entrepreneurs, and businesses use social media platforms to promote ideas, products, and services in a way that attracts consumers on a personal level. Anyone with a phone or computer can create content that is instantly pushed out to millions of viewers. Consider this example: Bob Buyer hires Chris Carpenter to build a set of custom bookshelves for his den. Chris does not disappoint and delivers and installs a flawless set of custom bookshelves. Chris knows that client referrals […]

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What’s in a Name: Supreme Court Upholds Constitutionality of Federal Trademark Statute Against Free-Speech Claims in Vidal v. Elster

Articles

In recent years, the Supreme Court has taken a keen interest in harmonizing intellectual property and the free speech protections of the First Amendment.[1] In 2023, the Court held that artist Andy Warhol’s unauthorized use of a photograph of Prince to create a silk screen portrait of the artist was not a protected fair use under the Copyright Act.[2] In the copyright context, fair use carves out a line of demarcation between an author’s right to monopolize his creative expressions and free speech by allowing others to engage in non-infringing uses like critiques, commentary, new reporting, teaching, and research.[3] Fair […]

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Virginia Auto Insurance Changes: Why Almost Every Car Accident Case Will Soon Involve at Least $100,000 in Insurance Coverage

Articles

Article co-written by Matthew Broughton, Jared Tuck, and Summer Associate Emily Brooks Virginia law has seen several recent changes regarding auto insurance, and this trend is continuing. Since July 1, 2023, three major changes have been enacted, with two taking effect in the near future. Here’s what you should know about these recent changes to the law and what impact these changes will have on personal injury cases arising from Virginia motor vehicle accidents.  I.  Change #1: Elimination of the Liability Credit Underinsured motorist coverage (UIM) and uninsured motorist coverage (UM) both act as a safety mechanism if you or […]

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We All Make Mistakes

Articles

We all make mistakes. Mistakes happen at home; they happen driving to work, mistakes are made here in the law firm, and mistakes happen in the practice of medicine. A victim seeking compensation arising from a medical mistake, “medical malpractice,” faces legal challenges to recovery in Virginia which are unique among tort victims. This is why having an experienced Virginia medical malpractice attorney can make or break a case. For instance, unlike all other personal injury claims, medical malpractice cases have a cap, or limit, on recovery imposed by Virginia law which applies regardless of the severity of the injury […]

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The Supreme Court of Virginia Addresses Commonwealth’s Use of the Defense of Sovereign Immunity When a Contract is at the Center of the Dispute

Articles

Article co-written by Andrew Gay, Jeff Southard, and Summer Associate Carter Leverette In early May, the Supreme Court of Virginia’s decision in Montalla, LLC v. Commonwealth, established some favorable legal precedent for contractors doing business with the Commonwealth of Virginia.[1] Specifically, the Court noted that the Doctrine of Sovereign Immunity cannot be used as a defense by the Commonwealth when a party brings a claim against it based upon a valid contract entered into by a duly authorized government agent.[2] Traditionally, the doctrine of sovereign immunity prevents parties from being able to sue federal or state governments when they are […]

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You’ve Been in a Tractor-Trailer Collision. Who is at Fault?

Articles

Tractor-trailer crashes differ from motor vehicle collisions because there are many companies and individuals involved in the transportation and logistics industry, meaning various people or entities may be at fault for causing a catastrophic or fatal truck accident. As Virginia truck accident attorneys, we have noticed that that there are a wide variety of potential defendants in truck crash cases, including, but not limited to: (1) truck drivers, (2) motor carriers, (3) intermodal equipment providers, (4) shippers, (5) brokers, and (6) manufacturers. Generally, federal and Virginia law only require motor carriers to carry $750,000 in liability insurance, except greater limits […]

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What to Do After a Tractor-Trailer Crash

Articles

Clients frequently tell us that everything seemed to move in slow motion during a catastrophic crash with a tractor-trailer. The moments leading up to the crash may be blurry, but the crash itself becomes etched in the victim’s brain and often requires the extensive passage of time to fade into the background. Tractor-trailers can weigh up to 80,000 pounds and are behemoths compared to the average family-owned vehicle. The damage they can cause to a vehicle made of heavy metals is almost incomprehensible. It is therefore no surprise that accidents involving a tractor-trailer frequently result in devastating polytraumatic injuries to […]

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Client Alert: DOJ Announces $2.7 Million Settlement with Insight Global in Latest Cyber-Fraud Enforcement

Articles

In the latest settlement announced by DOJ under its Civil Cyber-Fraud Initiative, Insight Global LLC (Insight), an international staffing and services company, will pay $2.7 million to resolve allegations that it violated the False Claims Act (FCA) by failing to implement adequate cybersecurity measures to protect personal health information (PHI) and personally identifiable information (PII) under its contracts with the Pennsylvania Department of Health (PADOH). The United States alleged that during the COVID-19 pandemic, PADOH hired Insight Global to provide staffing for COVID-19 contact tracing and paid Insight Global using funds from the U.S. Centers for Disease Control and Prevention. […]

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Lawyers Team Up for Best Result

Articles

Gentry Locke has a long history of associating with other attorneys. Don’t be surprised if/when you call the attorney that represented you in traffic court, drafted your will, or represents your business suggests that he associate Gentry Locke. Over the years, our firm has worked with other law firms who don’t typically handle personal injury cases. Gentry Locke has always associated with other lawyers and law firms in Virginia to give the highest level of service. We often partner with other lawyers in cases involving brain injuries, car accidents, catastrophic injuries, distracted driving accidents, medical malpractice, motorcycle accidents, nursing home […]

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