BakerHosts

In today's episode of Contract Crunch: The Impact of President Trump's Tariffs on the Construction Industry, we delve into the intricate world of tariffs and their extensive effects on the construction sector. We'll examine how unexpected changes in material prices influence the contracting phase and the potential challenges and risks. Additionally, we'll provide best practices for clients to ensu...

In a year defined by landmark decisions, impactful announcements and new standards, clarity in the patent world comes as a welcome relief. It arrived via a federal circuit court decision in August 2024 that settled certain facts related to obviousness-type double patenting (ODP), though BakerHostetler attorneys warn patentees to remain cautious. In BakerHostetler's second annual IP Perspectives (B...

In this episode, hosts Amy Mudge and Daniel Kaufman discuss various health-related cases involving medical devices and FTC rulings. They delve into notable cases such as the QRay bracelet, which claimed pain relief through ionization, and the ViaTek mosquito shield band, which purported to repel mosquitoes. They also cover the MSA 30X Sound Amplifier and a blood pressure measuring app, highlightin...

The legal landscape quaked, and clients and counsel continue to navigate the tremors. More than 40 years of precedent was upended in May 2024 when a federal circuit court struck down the Rosen-Durling test for assessing obviousness of design patents, sending BakerHostetler attorneys into overdrive as they guide patent owners and challengers in how to obtain and enforce design patents amid the LKQ...

On today’s episode of Rev Up!, our host, Ashley Hess, a partner and co-leader of BakerHostetler’s Automotive/Mobility Industry Team, is discussing Artificial Intelligence and questions business owners, CEOs and managers should have top of mind as Artificial Intelligence improves and drives the Fourth Industrial Revolution. Ashley is joined by BakerHostetler partner Theresa Weisenberger, co-leader...

The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on how patent examiners should evaluate related claims for patent subject matter eligibility. In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, t...

Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the integrity of trade secrets – trends suggest businesses will require robust and proactive IP strategies, including an increase in trade secret litigation and internal protection, c...

In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler's Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how consumers interpret advertisements, focusing on both express and implied claims. They highlight the role of such surveys in litigation and&...

To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize their industries, AI is pervasive – and so are its pitfalls. Indemnification provisions and enforcement are expected to shift significantly as organizations adapt to related l...

Experts play a crucial role in patent cases. Experts opine on claim construction, infringement, invalidity and the proper amount of damages. And the exclusion of an expert witness can significantly impact the outcome of a case. But the standard for excluding experts in patent cases appears to be in flux. In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intell...

In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including deceptive recall notices by auto dealerships and misleading claims about health products like colloidal silver and smartphone accessories. They emphasize the...

In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading consumers. They discuss historical cases like Encyclopedia Britannica and Von Schrader, illustrating how the FTC has tackled deceptive earnings cla...

The topic is connected vehicles and the automotive supply chain and specifically how a new law that became effective on March 17, 2025, has major implications for automakers, auto suppliers, and investors and dealmakers doing business in the Automotive/Mobility Industry. The new law addresses national security concerns posed by certain transactions involving information and communications technolo...

On today's episode of AD Nauseam, the discussion focuses on third-party liability, particularly ad agency liability. Amy and Daniel are joined by Sarah La Voi, and explain that ad agencies can be held liable for deceptive ads if they actively participate in creating the ad and should have known it was deceptive. They reference the FTC's Standard Oil case and other historic...

On today’s episode of Ad Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising. Questions & Comments: amudge@bakerlaw.com , dkaufman@bakerlaw.com and rshaheen@bakerlaw.com

In this episode, we dive into the complex world of tariffs and their far-reaching effects on the automotive and mobility industry. With the recent implementation of President Trump's tariffs on steel and aluminum, as well as imports from Canada, Mexico and China, the industry faces significant challenges and opportunities. Trump's tariff gambit to drive additional revenue, spur U.S. manufacturing,...

On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the final week of Lina Khan’s role as chair of the Federal Trade Commission. Questions & Comments: amudge@bakerlaw.com , dkaufman@bakerlaw.com and rshaheen@bakerlaw.com

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “ Technology from the Top:  AI, Data and the Future of Business with Today’s CIOs” to discuss how they are adjusting to the everchanging technological landscape in their respective industries. Today’s episode will feature an in-depth conversation with Janine on the impact artificial in...

On today’s episode of Rev Up!, we will discuss the impact of the new presidency and Congress on the Automotive/Mobility Industry…and how the Republican election sweep will replace the Biden administration and could pave the way for legislative and regulatory changes affecting the industry. Questions and comments: ahess@bakerlaw.com and proskam@bakerlaw.com

On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the passing of the FTC’s new Junk Fees Rule. Questions & Comments: amudge@bakerlaw.com , dkaufman@bakerlaw.com and rshaheen@bakerlaw.com

We’re back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023. This episode dives deeper into information governance and preservation. Questions & Comments: jsherer@bakerlaw.com and lrecord@bakerlaw.com

On today’s episode of AD Nauseam Amy and Daniel are back to discuss more advertising cases relating to food marketing for part two of their episode, “Food Glorious Food.” Questions & Comments: amudge@bakerlaw.com  and dkaufman@bakerlaw.com

Former Congressman Peter Roskam , who leads BakerHostetler’s Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter interviews Congressman Adrian Smith , a Republican from Nebraska. Smith is a senior member of the House Ways and Means Committee, which will be leading t...

On today’s episode of AD Nauseam Amy and Daniel talk about the Mail Order Rule. Questions & comments: amudge@bakerlaw.com  and dkaufman@bakerlaw.com .

We’re back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023. This episode dives deeper into recent developments in U.S. comprehensive privacy regulation. Questions & Comments: jyedor@bakerlaw.com and tbloom@bakerlaw.com