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Through the ADventures in Law Blog, BakerHostetler’s Advertising, Marketing, and Digital Media team provides updates and analysis on legal issues and trends in the advertising and marketing industry.

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ADventures in Law

The Antitrust Advocate blog provides insights and commentary surrounding complex antitrust litigation and trade regulation. It’s presented by members of BakerHostetler’s Antitrust and Competition Team.

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Antitrust Advocate

BakerHostetler’s Blockchain Monitor is a weekly blog curated and written by members of our Web3 and Digital Assets team. Published every Monday, the blog is dedicated to providing our clients, friends and industry contacts with a concise weekly update of key developments in the fast-paced blockchain industry. By subscribing below you will receive the blog in your email inbox every Monday afternoon.

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Blockchain Monitor

Commentary addressing risks and opportunities through the life cycle of data, technology, advertising and innovation.

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Data Counsel

The Discovery Advocate blog is presented by members of BakerHostetler’s E-Discovery Advocacy and Management Team (EDAM).  Today’s modern discovery practice requires a practical approach backed by specialized expertise; Discovery Advocate examines the developments and trends that impact today’s litigants in the trenches of litigation and beyond.

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Discovery Advocate

The Employment Law Spotlight blog is written by attorneys of our national Labor and Employment Group, with an eye toward helping employers avoid litigation.

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Employment Law Spotlight

BakerHostetler is at the forefront of national law firms providing clients involved in every facet of healthcare delivery across the country with comprehensive legal counsel of remarkable responsiveness, creativity, quality and value.

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Health Law Update

In today’s global economy, patents, trademarks, copyrights, trade secrets, domain names and other intellectual property (IP) are among the most valuable assets of market leaders and rising businesses.

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IP Intelligence Report

Updates from Capitol Hill.

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Ohio Clock

The Bargaining Table blog is written by attorneys of BakerHostetler’s Labor Relations team, with an eye toward helping employers manage their unionized workforces.

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The Bargaining Table

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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2024 BHIPP - BakerHostetler IP Perspective

2024 DSIR Report Deeper Dive

2025 BHIPP - BakerHostetler IP Perspective

32nd Annual Legislative Seminar Series

33rd Annual Legislative Seminar Series

Join us for AD Nauseam, an AdLaw podcast series featuring Amy Mudge and Daniel Kaufman, partners from our Advertising, Marketing, and Digital Media team. Together, they have decades of advertising experience and share their insights on trending legal issues in the advertising space, with an emphasis on the FTC and NAD developments.

AD Nauseam

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The use of noncompetes is now shifting across the country. Many states are limiting the use of noncompetes. Several states have enacted or are considering prohibitions on noncompetes. Nationally, the Federal Trade Commission is engaging in a rulemaking that could ban noncompete agreements between employers and employees. What does all of this mean for your business? Are there alternatives to noncompetes that can protect your business?

To help bring all this into focus, we’ve created a three-part series called “Alternatives to Noncompetes.”

Alternatives to Noncompetes

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Celebrating Black Voices at BakerHostetler

Since the recent Dobbs decision, which overturned Roe v. Wade, companies have been impacted nationwide and have several new legal angles to consider as it relates to their employees and their businesses. With that in mind, we’ve created a new podcast series, Dobbs on Demand, designed to help you navigate this new and evolving landscape.

Dobbs on Demand

DSIR Report Deeper Dive - 2022

DSIR Report Deeper Dive - 2023

Estate and Tax Planning for Globally Mobile Clients

MDLephant: What's Big in MDL Litigation?

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Rev Up!

Technology from the Top: AI, Data and the Future of Business with Today’s CIOs

The Cloakroom podcast series brings you inside Capitol Hill with insightful interviews and discussions with leading lawmakers, both Republicans and Democrats from the House and Senate. Hosted by former Congressman Peter Roskam, who leads BakerHostetler’s Federal Policy team, you’ll hear firsthand about the latest policy debates on taxes, healthcare, energy, financial services and more.
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<a href="https://podcasts.apple.com/us/podcast/the-cloakroom-with-peter-roskam-bakerhosts/id1759425935" target="_blank" rel="noopener">Apple Podcast</a> | <a href="https://www.amazon.com/music/player/podcasts/bdb139af-518d-469a-998b-ea9b49fafd93/the-cloakroom-with-peter-roskam---bakerhosts" target="_blank" rel="noopener">Amazon Music</a> | <a href="https://open.spotify.com/show/7LfpZdBC0OA2jyVjgVXNFF?si=de8f473382704494" target="_blank" rel="noopener">Spotify</a>

The Cloakroom with Peter Roskam

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Case Tracker: Artificial Intelligence, Copyrights and Class Actions

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In April, the United States Judicial Panel on Multidistrict Litigation consolidated twelve cases originally brought in the Southern District of New York and Northern District of California against OpenAI and Microsoft. The MDL litigation is in S.D.N.Y.&nbsp;

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For case activity before April 2025, visit:&nbsp;&nbsp;

<a href="https://www.bakerlaw.com/alter-v-openai/" target="_blank" rel="noreferrer noopener">Authors Guild v. OpenAI; Alter v. OpenAI; and Basbanes v. Microsoft</a>

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<a href="https://www.bakerlaw.com/openai-chatgpt-litigation/" target="_blank" rel="noreferrer noopener">Chabon v. OpenAI; Silverman v. OpenAI; and Tremblay v. OpenAI</a>&nbsp;

<a href="https://www.bakerlaw.com/the-intercept-media-and-raw-story-media-v-openai/" target="_blank" rel="noreferrer noopener">The Intercept Media v. OpenAI and Raw Story Media v. OpenAI </a>

<a href="https://www.bakerlaw.com/new-york-times-v-microsoft/" target="_blank" rel="noreferrer noopener">New York Times v. Microsoft; Daily News v. Microsoft; and The Center for Investigative Reporting v. OpenAI</a>&nbsp;

The court stayed all deadlines pending the case management conference.&nbsp;

Case Background

Caption: In re: OpenAI, Inc. Copyright Infringement Litigation, No. 1:25-md-3143&nbsp;

Court: Southern District of California&nbsp;

Judges: District Judge Sidney H. Stein and Magistrate Judge Ona T. Wang&nbsp;

Alter Plaintiffs – Jonathan Alter, The Authors Guild, David Baldacci, Kai Bird, Mary Bly, Taylor Branch, Rich Cohen, Michael Connelly, Sylvia Day, Jonathan Franzen, John Grisham, Elin Hilderbrand, Christina Baker Kline, Maya Shanbhag Lang, Victor LaValle, Eugene Linden, George R.R. Martin, Daniel Okrent, Jodi Picoult, Douglas Preston, Roxana Robinson, Julian Sancton, George Saunders, Stacy Schiff, Hampton Sides, James Shapiro, Jia Tolentino, Scott Turow, Simon Winchester, and Rachel Vail, on behalf of themselves and a putative class&nbsp;

Basbanes Plaintiffs – Nicholas A. Basbanes and Nicholas Ngagoyeanes (professionally known as Nicholas Gage)&nbsp;&nbsp;

Tremblay Plaintiffs – Paul Tremblay, Sarah Silverman, Christopher Golden, and Richard Kadrey on behalf of themselves and a putative class, represented by Joseph Saveri Law Firm, LLP and Matthew Butterick; Michael Chabon, Ta-Nehisi Coates, Junot Díaz, Andrew Sean Greer, David Henry Hwang, Matthew Klam, Laura Lippman, Rachel Louise Snyder, Ayelet Waldman, and Jacqueline Woodson on behalf of themselves and a putative class&nbsp;

News Media Plaintiffs – Daily News, LP, Chicago Tribune Company, LLC, Orlando Sentinel Communications Company, LLC, Sun-Sentinel Company, LLC, San Jose Mercury-News, LLC, DP Media Network, LLC, ORB Publishing, LLC and Northwest Publications, LLC (“Daily News Plaintiffs”); New York Times Company; Center for Investigative Reporting; The Intercept Media, Inc.; Raw Story Media, Inc.; and AlterNet Media, Inc.&nbsp;

Millette – David Millette&nbsp;

OpenAI – OpenAI, Inc., OpenAI LP, OpenAI GP, LLC, OpenAI, LLC, OpenAI OpCo, LLC, OpenAI Global, LLC, and OAI Corporation, LLC&nbsp;

Microsoft – Microsoft Corporation&nbsp;

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Status Updates

April 29, 2025 – Defendants answered complaints from Daily News Plaintiffs, New York Times, and CIR

OpenAI’s answers [8-10] denied that it had directly or secondarily infringed any publisher’s copyrights, violated the DMCA by intentionally removing CMI from any publisher’s works, or diluted any publisher’s trademark. OpenAI did, however, admit several factual allegations related to training datasets used to train its GPT-2 and GPT-3 models.&nbsp;

Microsoft’s answers [11-13] denied that it had directly or secondarily infringed any publisher’s copyrights, or that it had diluted any publisher’s trademarks. Microsoft admitted several factual allegations pertaining to its business relationship with OpenAI and that some of its products use OpenAI’s LLMs. However, Microsoft denied factual allegations that GPT LLMs “memorized” or encoded any copies or derivatives of the publishers’ works, and that the publishers had suffered any harm attributable to Microsoft’s or OpenAI’s conduct.&nbsp;

Each defendant also asserted numerous affirmative defenses, with common defenses including failure to state a claim, fair use, de minimis copying, invalid or lack of copyright ownership, and lack of provable injury.&nbsp;

April 11, 2025 – Transfer Order

The United States Judicial Panel on Multidistrict Litigation consolidated what were originally twelve different cases against OpenAI and Microsoft, finding that they involve common questions of fact “arising from allegations that OpenAI and Microsoft used copyrighted works, without consent or compensation, to train their” LLMs. These cases are:&nbsp;

Select Court Documents

<a href="https://admin.bakerlaw.com/wp-content/uploads/2025/05/1.pdf" target="_blank" rel="noreferrer noopener">April 3, 2025 - ECF 1 Transfer Order</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2025/05/8.pdf" target="_blank" rel="noreferrer noopener">April 29, 2025 - ECF 8 OpenAI's Answer to Daily News Plaintiffs' Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2025/05/9.pdf" target="_blank" rel="noreferrer noopener">April 29, 2025 - ECF 9 OpenAI's Answer to Plaintiff</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2025/05/10.pdf" target="_blank" rel="noreferrer noopener">April 29, 2025 - ECF 10 OpenAI's Answer to CFI Reporting, Inc.'s First Amended Complaint </a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2025/05/11.pdf" target="_blank" rel="noreferrer noopener">April 29, 2025 - ECF 11 Microsoft's Answer to the New York Times First Amended Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2025/05/12.pdf" target="_blank" rel="noreferrer noopener">April 29, 2025 - ECF 12 Microsoft's Answer to the Daily News LP et al.'s Complaint </a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2025/05/13.pdf">April 29, 2025 - ECF 13 Microsoft's Answer to CFI Reporting, Inc.'s First Amended Complaint</a>