Toikka Kraft Law Group LLP

Author name: Kristi Davis

Generative AI Training Could Fall Outside Fair Use Protection

Copyright Office Releases Final AI Report, Raising Doubts About Fair Use Defense for Model Training Last week, the U.S. Copyright Office published the third and final installment of its comprehensive report on copyright issues raised by artificial intelligence (AI). Unlike the first two parts, this installment was released as a “pre-publication” version—under unusual political circumstances. […]

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Workplace Violence Reporting Overhaul: What Virginia Healthcare Employers Must Know

Key Takeaways: Effective July 1, 2025, most healthcare employers in Virginia will be required to implement a system for reporting incidents of workplace violence. These employers must notify all employees about the system, provide clear guidance on when and how to report incidents, and ensure the policy is included in onboarding for new hires. Additionally,

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Patent Applicants See Faster Turnaround with USPTO Shift

In a move aimed at expediting protection for inventors, the U.S. Patent and Trademark Office (USPTO) has announced a significant change to its patent issuance timeline. Specifically, the USPTO is reducing the time between the issue notification and the official patent issue date—a window that has traditionally averaged about three weeks. According to the agency,

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D.C. Employment Law: Your Right to a Side Hustle

In an effort to maintain productivity and loyalty, many employers discourage employees from engaging in outside work, including launching side businesses or taking on second jobs. Some go further, implementing workplace policies that explicitly ban moonlighting—even when the second job poses no interference with an employee’s primary responsibilities. However, such blanket restrictions are not legally

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The Human-Authorship Requirement Shuts the Door to “Copyright” Paradise

In a landmark decision handed down in mid-March, the U.S. Court of Appeals for the D.C. Circuit affirmed that works created solely by artificial intelligence (AI) are ineligible for copyright protection. The case, Thaler v. Perlmutter, No. 23-5233 (D.C. Cir. Mar. 18, 2025), reinforces the U.S. Copyright Office’s long-standing position that copyright protection is reserved

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Employers Alerted: EEOC Focuses on American Worker Bias

EEOC to Crack Down on Anti-American National Origin Discrimination On February 19, 2025, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Andrea Lucas, announced that the agency will prioritize enforcement against national origin discrimination targeting American workers. This renewed focus will shape the EEOC’s compliance efforts, investigations, and litigation strategies going forward.(Source: EEOC

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Ongoing Uncertainty Allows AI Training to Proceed

Over 30 lawsuits challenging the use of copyrighted materials in training Generative AI models are currently pending, with most cases being heard in federal courts across the U.S. These copyrighted materials include news articles, photographs, and music. The legal landscape remains unclear as to whether such training violates copyright law. However, the uncertainty surrounding this

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New EEOC Guidance Impacts DEI Compliance for Employers

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC), in collaboration with the U.S. Department of Justice (DOJ), issued a press release urging employers to be cautious about the risk of discrimination stemming from diversity, equity, and inclusion (DEI) programs. Specifically, the EEOC and DOJ cautioned that such initiatives “may be unlawful if

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D.C. Circuit Rejects Copyright for AI Artwork – What Humans Have That AI Can’t Claim

Can a non-human machine be an author under the Copyright Act of 1976? In a precedential opinion issued on March 18, 2025, a D.C. Circuit panel upheld previous decisions from the D.C. District Court and the Copyright Office, ruling that an original artwork solely created by artificial intelligence (AI) is not eligible for copyright registration,

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Compliance with DEI Executive Orders: Whistleblower Protections Explained

President Donald Trump issued Executive Order No. 14151, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and Executive Order No. 14173, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing” (collectively, the “Orders”), shortly after taking office. However, a District Court in Maryland enjoined certain aspects of these Orders. The Trump administration appealed the

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