Share this:

May 2025 Welcome Welcome to readers of Making the Connection!     In this issue, you will find:  In Focus: The Proper Role of Artificial Intelligence in Arbitration Question of the Month, about protecting confidential information Case on Point,  discussing cultural appropriation and trademarks At the Podium, listing my speaking engagements and public appearances Client Corner, spotlighting client events and announcements In Focus The Proper Role of Artificial Intelligence in Arbitration Artificial intelligence is increasingly being deployed in a variety of fields and capacities to collect and analyze information and generate content. While AI can be extremely helpful in expediting scientific discoveries such as drug development, it is not always reliable. This raises the question of what if any ethical or legal limitations should be placed on its use in various contexts. The American Arbitration Association has recently issued guidance on this issue for arbitrators, who often must plow through a voluminous record and extensive legal briefs to issue an award, and may find AI of assistance in doing so. This guidance contains five principles: The accuracy and reliability of information must be assured.  This means that any AI generated content such as timelines or document summaries must be checked against the original for accuracy. Fairness and due process must be preserved. One way to do this might be to circulate AI generated materials among the parties for comment. Independent decision-making by the arbitrator must be preserved. The arbitrator must independently confirm the accuracy of summaries of evidence or briefs and must use their own judgment in deciding on an award. The use of AI by the arbitrator must be transparent to the parties. The arbitrator must disclose any use of AI to the parties.  Question of the Month This month's question was posed by Charles Marchese, President of ABA Packaging Corp. Q: Does an employer in New York have any recourse if an employee resigns and then brings information to a competitor in the same industry? A: Employees have a duty not to use or disclose confidential information obtained in the course of their employment.  Confidential information does not include information that was known to the employee before their employment (absent a confidentiality agreement), is publicly available or can be obtained from an independent third party. To best protect confidential information, an employer should clearly designate what information is confidential and inform employees of their duty to protect such information. Case On Point  Messier v. New Orleans Louisiana Saints, LLC (U.S. Ct. of App. for the Fed. Cir. 2025) Companies sometimes use words or symbols from other countries or cultures as trademarks designating the source of the goods or services.  Thus,  there are Jeep Cherokee vehicles and London Fog raincoats, even though there is no connection with the tribe or country referenced in those trademarks.  In recent years, various groups have objected to such trademarks as "cultural appropriation" and some companies, especially sports teams, have abandoned such trademarks.  Thus, the Cleveland Indians are now the Cleveland Guardians, and the Washington Redskins are now the Washington Nationals. In Messier v. New Orleans Louisiana Saints, LLC,  plaintiff filed a petition with the United States Patent and Trademark Office to cancel the Saints' registration of a "fleur de lis" symbol used as a trademark on the team's helmets. He alleged that he had rights in the mark as a descendent of French kings who used the mark in their coat of arms. The USPTO dismissed the petition, observing that Messier did not "allege any commercial interests in the mark, or that he owns or conducts any business under the mark." Messier appealed to federal court, which dismissed his appeal, also finding that he lacked standing to assert a claim for cancellation of the trademark. Thus, in order for a party to challenge a trademark, it must show its objection is based on a legally protectable interest in the mark. ___________________________________________________________________________________________________ At the Podium This is a listing of speaking engagements, workshops, events and other public appearances.  To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.            This summer, I will again be teaching Employment Law in the Masters of Legal Studies program at Texas A&M Law School. Client Corner Client Corner features client announcements and events of potential interest to readers.   On May 16, 2025, from 12 to 2pm, Moxxie Network will host a networking luncheon at Hotel Indigo in Riverhead.   Click here for information and registration. © 2025, Lisa Renee Pomerantz. All rights reserved.

email marketing by Lighthaus Design powered by

Subscribe to our email list.