BakerHosts

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

In this episode of Regulatory Horizons , Winston Kirton breaks down the recurring issues driving FDA Form 483s and warning letters, from data integrity and quality oversight to supplier controls and documentation gaps. If your compliance program looks solid on paper but cracks appear under scrutiny, FDA will find them. Tune in for a clear look at what today’s inspections are really testing—and how...

As social media becomes an increasingly powerful tool for brand engagement, it also presents a growing legal minefield – particularly in the realm of copyright infringement. In recent years, intellectual property litigation has surged in the digital space, with a sharp uptick in disputes involving unauthorized use of copyrighted content on platforms such as Instagram, Facebook and others. Question...

An effective IP strategy demands specialists who understand both IP law and deal mechanics. The IP specialist must be able to identify assets, assess chain of title, flag risks and ensure that contracts, licenses and disclosures align with the transaction’s structure. Like all specialists drawn from practice areas outside the core M&A team, they must also understand the impact of deal structur...

On today’s episode of AD Nauseam , Amy and Daniel unpack the Fifth Circuit’s Intuit decision, which vacated an FTC cease‑and‑desist order and held that the FTC’s administrative process violates constitutional separation‑of‑powers principles in false advertising cases. They discuss how the ruling—building on AMG and Jarkesy—could significantly curtail the FTC’s ability to pursue monetary remedies t...

Artificial intelligence (AI) has become nearly ubiquitous in everyday life, and given AI’s widespread use across industries, it is no surprise that the United States Patent and Trademark Office (USPTO) has taken a keen interest in AI, issuing guidance on how AI should be treated and used by USPTO personnel and patent practitioners alike. Questions and Comments: ARabinowitz@bakerlaw.com

The patent landscape in 2026 looks nothing like it did just a year ago. Sweeping changes at the U.S. Patent and Trademark Office throughout 2025 have reshaped how patents are challenged and enforced, dramatically elevating their strategic importance. In this episode of BakerHosts , Jason Hoffman explores the Great Patent Pivot, a fundamental shift that has made post‑grant challenges harder to acce...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

In Washington, supply chains are now tied to national security, resilience, and public health. We’re seeing that play out in FDA policy, inspection priorities, and legislation like the BIOSECURE Act. Across the Atlantic, the story is similar—but not identical. The European Union is advancing its own framework through the Critical Medicines Act, shortage‑prevention mandates, and new expectations ar...

As businesses increasingly turn to generative artificial intelligence (GenAI) tools to develop brand and marketing assets – such as names, logos and product designs – they face novel legal questions, including who owns the copyright or trademark rights when GenAI contributes to the creation process.

On today’s episode of AD Nauseam , Amy and Daniel are joined by BakerHostetler Partner Victoria Rutherfurd to explore the FTC’s renewed scrutiny of subscription and negative option practices, including signals that rulemaking may restart after the prior rule was struck down. The discussion also highlights ongoing ROSCA litigation trends and practical steps companies should take to strengthen subsc...

Today’s topic is a big one: the BIOSECURE Act, signed into law on December 18, 2025, as part of the FY 2026 National Defense Authorization Act. The law restricts federal agencies, contractors, and grant recipients from procuring or using biotechnology equipment or services from what the statute calls “biotechnology companies of concern.” This is more than a procurement rule—it has broad implicatio...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

On today’s episode of AD Nauseam , Amy and Daniel explain when trade names can be treated as advertising claims and challenged as misleading, focusing on how the FTC and NAD handle expressly false versus implied claims. They highlight key cases, especially in health and wellness, and offer practical guidance on when bold or hyperbolic names are allowed and when a name change may be required. Quest...

Cybersecurity is no longer just an IT or privacy issue. For FDA regulated companies, it’s a patient safety issue, a product quality issue, and increasingly a regulatory enforcement issue. FDA has made it clear that cybersecurity vulnerabilities can affect medical devices, software, manufacturing operations, clinical data, and even the availability of life saving products. Today, we’re bringing tog...

On today’s episode of AD Nauseam , Amy and Daniel look back at the NAD’s biggest shifts in 2025—from new leadership and procedural updates to major trends in health claims, influencer cases, AI enforcement, and Made in USA scrutiny. They unpack how Phyllis Marcus is reshaping the process and what this year’s surge of challenges means for advertisers heading into 2026. Questions & Comments: amu...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

Today we will focus our discussion on AI and Digital Health and FDA’s Evolving Oversight. The FDA has been actively shaping its regulatory framework for AI and machine learning in medical devices, recognizing that traditional device regulations were designed for static products not adaptive algorithms that learn over time. Questions and Comments: wkirton@bakerlaw.com , jsherer@bakerlaw.com , avold...

On today’s episode of AD Nauseam , Amy and Daniel close out 2025 with a fast‑paced look at the FTC’s most pivotal shifts—from major leadership changes to rulemaking shakeups and the year’s most consequential enforcement trends. They will break down what defined the agency’s first year under Chairman Ferguson and what these developments signal for advertisers heading into 2026. Questions & Comm...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

In this episode of Wait, what?, patent attorneys Laura Gordon and Stephanie Lodise tackle the surprisingly high-stakes world of patent application formatting. From font size pitfalls to the perils of shaded tables, they reveal how tiny details can trigger outsized rejections, even after allowance. With real-world stories, practical checklists, and even a pop quiz, Laura and Stephanie show how faul...

On today’s episode of AD Nauseam, Amy and Daniel are joined by special guest Julia Ensor, a former FTC attorney who spearheaded Made in the USA guidelines and regulations that are being enforced today. Julia discusses how to stay “Made in the USA” compliant and some of her favorite cases on the topic. Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

On today’s special episode of AD Nauseam , Amy and Daniel broadcast live from the Association of National Advertiser’s annual conference. They’re joined by Phyllis Marcus, Director of the National Advertising Division, for an interview at the ANA conference that took place on November 4, 2025. Phyllis discusses current NAD cases and what’s on the horizon for NAD. Questions & Comments: amudge@b...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex lifecycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies...

The landscape of college athletics is rapidly evolving. With new opportunities for student-athletes to profit from their name, image, and likeness (NIL), and the rise of revenue-sharing following the House settlement, legal challenges to NCAA eligibility rules are mounting. In this episode, we explore the latest developments, including the Patterson v. NCAA case, and discuss how these changes impa...