Volume VIII - March 2024
Firm Updates
MELISSA NELSON
McCurdy Laud is pleased to welcome attorney Melissa Nelson to the firm’s transactional group. Melissa began her career as an accountant and spent her formative years at E&Y managing complex M&A deals before going to law school. She comes to us via the start-up world, and we were impressed by her business acumen and keen attention to detail when interviewing. We look forward to sharing more about Melissa and her practice with you all.
PATENT PROM
Sanjiv Laud will be attending this year’s New York I.P. Law Association annual dinner in honor of the federal judiciary — better known as “Patent Prom”— on March 24. He looks forward to connecting with colleagues, clients, and you! Please connect with Sanjiv if you will be in attendance.
Firm Spotlight: McCurdy Laud
We are thrilled to announce a significant milestone in our firm’s journey. Over the past three years, you've known us as McCurdy, LLC, witnessing our growth from a single-woman law practice to a thriving intellectual property boutique, encompassing transactions, litigation, and counseling.
In acknowledgment of the expansion of our litigation practice and the exceptional leadership of Sanjiv Laud, we're proud to announce our rebranding as McCurdy Laud, LLC. This change reflects our continued dedication to providing top-notch legal services while evolving to better meet your needs.
As part of this transformation, we're delighted to introduce our fresh website, logo, and additional branding, courtesy of our invaluable partner, Brickhouse Creative. We invite you to explore our revamped online presence and discover the essence of our renewed identity.
While our name has changed, our unwavering commitment to delivering unparalleled quality work and personalized client service remains steadfast. Your satisfaction and success remain at the heart of everything we do.
We are more determined than ever to serve you with excellence and look forward to 2024 and beyond.
Thank you for your ongoing support and trust in McCurdy Laud, LLC. Here's to a prosperous future together!
Current Cases: The New York Times v. Microsoft and OpenAI
In what could be another interesting fair use case following Warhol v. Goldsmith, generative AI is garnering legal attention thanks to The New York Times. The Times has sued OpenAI and Microsoft over the alleged use of The Times’ materials to train ChatGPT and Copilot (f/k/a Bing Chat).
The complaint filed at the end of 2023 in the Southern District of New York alleges that the defendants’ generative AI tools rely on large-language models “that were built by copying and using millions of The Times’ copyrighted news articles…” The complaint states that these AI tools both generate output that recites The Times content verbatim and wrongly attribute false information to The Times. The defendants have publicly claimed that their actions are protected as “fair use” but have not yet filed their formal response to the complaint. OpenAI’s response is due Feb. 26 and Microsoft’s response is due March 4.
A few of the complaint details that caught our attention: The Times has registered the copyright in its print edition every day for over 100 years (i.e., they are ready and able to sue for copyright infringement on a moment’s notice); The Times attempted to negotiate an agreement with OpenAI to license its materials; and in response to a prompt asking for an article specifically to avoid The Times paywall, ChatGPT regurgitates The Times’ text verbatim.
We will be following this case closely - we’re feeling some Napster flashbacks.
Dear Paralegal Perry
Q: A lot of contracts I sign include a section on audits. But these are technology contracts, not tax filings. Why do technology contracts have audit provisions, and what do I need to know about them?
A: Let's sniff out the details – An audit provision allows one party to verify the other party’s performance under the contract without having to file a lawsuit and go through ruff discovery. One specific reason to include an audit right is to make sure that treats, erm... payments, are properly calculated and paid per the contract terms.
For example, if you agree to pay the other party 3% of whatever profit you make from selling a treat-dispensing dog collar (yum!) that incorporates microchips they developed for you, the other party (the developer) needs access to sniff your books and records to confirm you are paying them their rightful share of the biscuit. But hold your leash! As the licensee, you have a bone to pick too. For example, if the developer in this scenario promised not to sell their microchips to anyone else in the retail pet industry, you need access to their doghouse aka their records, communications, and employees to confirm the developer is keeping their promise. So, don't get your tails twisted when it comes to audit provisions. If drafted with the precision of a well-trained sheep dog, audit rights give both parties to the contract some real bite. Woof, that's some good legal tail-wagging!
Upcoming Events
03/31 | Easter Sunday
04/01 | April Fool’s Day
04/22 | Earth Day
03/01 | First Day of Women’s History Month
03/08 | International Women’s Day
03/17 | St. Patrick’s Day
03/29 | Good Friday
Note from Catlan
2024 started with a bang at McCurdy Laud, despite the first quarter of the year historically being slow-moving. A mix of firm and client work has kept us all on our toes, and so I write to you, as with nearly every newsletter edition, to update you on our continued growth, success, and recently increased caffeine consumption.
With a steadfast commitment to our firm values, we have not only expanded our team to include Melissa Nelson but also elevated our client experience through an upcoming lecture on negotiating software licenses and a dynamic rebranding effort. Given that one of our core values is enthusiasm, I am exercising restraint in not using multiple exclamation points throughout the entirety of this note.
I am so pleased that Melissa has decided to join our merry crew, and I look forward to introducing you all as she becomes more integrated with the work at the firm. Our clients will quickly benefit from her analytical mind and clear communication skills, as I already have. Each addition to our firm brings unique perspectives and insights, enriching the service we provide to our valued clients. Welcome, Melissa!
March brings both my favorite holiday, St. Patrick's Day, and a visit to a favorite client. I will be leading a presentation on drafting and negotiating software licenses. You can’t turn around without running into a subscription service these days, and they all have terms and conditions to negotiate. These contracts of many pieces have become some of my favorite knots to unravel, and I love empowering our clients with the knowledge to understand them.
Finally, the time and effort we all put into our rebranding was immense, but oh so satisfying when the transition was seamless on the big day. Our new visual identity acknowledges our past as we stand in the present - an IP firm with transactional, counseling, and dispute capabilities. Thank you to Maxwell for leading the charge and herding all the cats, thank you to Jessie at Brickhouse Creative for introducing the word “debossed” to my vocabulary, and thank you to Sanjiv Laud for leaving Jones Day and working your butt off with me to build this firm. And now to put on a pot of tea.
