RachaelGoldman

Last month, Partner Neil Barofsky testified before the US Senate Judiciary Committee to present findings from the ongoing investigation into Credit Suisse's historical ties to Nazi-era clients. His testimony, which included a 75-page written statement, revealed previously unreported relationships between the bank and Nazi-era entities.

On January 29, 2025, the US Copyright Office issued a long-awaited report on the copyrightability of works consisting of or incorporating material generated by artificial intelligence (AI) systems.[1]The report is broadly consistent with copyright registration guidance the Office provided in 2023,[2]but recognizes that AI is increasingly being used in the creation of works in a wide variety of ways that require nuanced and fact-specific analysis to determine the scope of copyright protection.[3]

As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms.

Artificial intelligence raises various novel legal questions about data privacy, bias in outputs, cybersecurity, and ethics, among other topics. In 2023, however, intellectual property concerns associated with artificial intelligence took center stage. In the last year, at least twelve lawsuits have been brought against generative AI companies raising copyright infringement and related claims.

In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants nationwide, could not be subjected to personal jurisdiction in California because it did not expressly direct its actions to the state.

The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July 2023, departing from the US Supreme Court’s 2022 ruling in Viking River Cruises v. Moriana and holding that non-individual PAGA standing does not disappear after a plaintiff is compelled to arbitrate his or her individual PAGA claims. This plaintiff-friendly decision definitively answers this question of California law and may encourage an increase in

The California Private Attorneys General Act (“PAGA”) allows aggrieved employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state of California. Recoverable civil penalties can be significant. For example, for violations of Labor Code provisions that do not specify a penalty amount, PAGA provides default civil penalties at $100 for each aggrieved employee per pay period for the first violation, and $200 for each violati

In their article for Lawfare, Jenner & Block Partner Brandon Fox, Special Counsel Erica Sedler, and Associate Rachael Goldman discuss the appropriate venue for the Justice Department, should it bring charges against former President Trump regarding his alleged possession of classified documents at his Mar-a-Lago residence. The authors respond to an earlier article that questions whether venue in DC would be proper. In their analysis, they observe that there are many criminal statutes that would

In late August, the California Air Resources Board approved a set of regulations dubbed “Advanced Clean Cars II (ACCII).” ACCII codifies the objectives set forth in Governor Gavin Newsom’s Executive Order N-79-20, which, inter alia, requires all new passenger vehicles sold in California to be zero emissions by 2035. Governor Newsom’s order garnered considerable media and political attention in the US.

In an article for the Daily Journal, Partner Brent Caslin and Associate Rachael A. Goldman discuss the theft of trade secrets by actors from China and the Department of Justice’s work with respect to this. The authors write, “it will be interesting to see if misappropriation victims from the U.S. begin engaging the Chinese legal system, bring more civil claims in U.S. courts, or if they continue relying on the DOJ to seek justice when their valuable information is stolen.”