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Insights and news from the attorneys of EM³ Law.
41 articles
Latest · Joan M. LebowCelebrating the Joel Stern Pipeline Scholarship at NAMWOLF
EM3 is proud to be a dedicated sponsor of this scholarship, named in honor of Joel Stern, a leader in advancing diversity and inclusion through the legal process and within the profession.Read articleMore Articles
Texas Enacts Comprehensive AI Law Focused on Prohibited Practices
Texas Governor Greg Abbott signed House Bill 149 into law, enacting the Texas Responsible Artificial Intelligence Governance Act (“TRAIGA”). This makes Texas one of the first U.S. states (after Colorado and Utah) to adopt a broad AI governance statute[^1]. TRAIGA establishes a statewide framework for the development, deployment, and use of AI systems, but its approach is not a generic risk-based regime. Instead, the law targets a set of clearly defined prohibited AI practices and imposes certain duties, while otherwise allowing room for innovation. The Act applies expansively to any person or business that “promotes, advertises, or conducts business” in Texas, offers products or services to Texas residents, or develops or deploys an AI system in Texas. In effect, even companies based outside Texas are covered if their AI systems are available to Texas users. Notably, TRAIGA preempts local regulations—cities and counties cannot impose their own AI rules. The law will take effect on January 1, 2026, giving organizations roughly 6 months to comply. However, its future could be influenced by potential federal legislation that might curtail stat
AI Isn’t Coming for Our Jobs. It’s Coming for Our Limitations.
For those who know me, you’ve probably heard me talk—maybe a bit too much—about AI. I don’t hide it: I’m passionate about it. My entire career has been shaped by the intersection of law, technology, and business. And for the first time, it feels like those threads are converging into something exponentially powerful. The rise of agentic AI is a paradigm shift that has the potential to unlock creativity, productivity, and human potential in ways we’ve never seen before. I’m so happy to be here right now.
Delaware to Where: Navigating Alternative Jurisdictions, Emerging Fiduciary Risks, and a Strategic Playbook for General Counsel
As Delaware’s corporate‑law landscape continues to evolve, many companies are reconsidering their longstanding preference for incorporating in the state. Recent judicial developments, heightened scrutiny of fiduciary duties, and expanding compliance requirements have prompted General Counsels (GCs) to re‑evaluate Delaware’s advantages against the growing appeal of alternative venues. This article surveys those developments, profiles the jurisdictions now gaining traction, analyzes the attendant fiduciary risks, and offers a practical playbook to help GCs steer the decision‑making process.
California’s AI Transparency Act (SB 942): A New Era of Accountability in AI
California is leading the charge toward greater transparency and consumer protection with the AI Transparency Act (SB 942), signed into law on September 19, 2024. This groundbreaking legislation sets out clear rules for AI providers with over 1 million monthly users or visitors, making transparency a priority to safeguard users from AI-generated misinformation, like deepfakes. Here are the key provisions of this landmark bill and why it matters:
How California’s AB-2905 Protects You from AI-Generated Robocalls
Robocalls are frustrating enough on their own, but when combined with deceptive AI-generated voices, they can lead to serious confusion—and even misinformation. To address this growing issue, Governor Newsom recently signed AB-2905 into law. This important bill requires robocalls to clearly disclose when they use AI-generated voices, a move aimed at protecting consumers from the dangers of deepfake technology.
Ten Practices for Implementing DEI Initiatives Without Compromising Compliance
Navigating the Legal Minefield: Promoting diversity in recruitment can expose companies to legal risks, particularly if DEI initiatives are perceived to violate anti-discrimination laws. To minimize these risks while advancing diversity goals, organizations should implement risk management strategies that align with legal standards and best practices. Here are some key strategies:
California’s New AI Transparency Law is Here to Lift the Veil
California is once again leading the charge in ensuring transparency in AI development! With the passing of Assembly Bill 2013, we’re about to see a significant shift in how AI companies disclose information about the training data behind their models.
California’s Generative Artificial Intelligence Accountability Act
California is now setting a new benchmark for responsible AI use. On September 28, 2024, Governor Gavin Newsom signed the Generative AI Accountability Act (SB 896) into law. It is a pivotal moment for how Generative AI (GenAI) will be governed in state agencies. This legislation aims to protect civil liberties, promote equity, and safeguard public trust.
EM³ Law Attorneys Recognized in The Best Lawyers in America® 2025 Edition
EM³ Law is proud to announce that two of our attorneys, Susan J. Macaulay and Joan M. Lebow, have been recognized in the 2025 edition of The Best Lawyers in America® for Chicago. This accolade highlights their experience and long-standing contributions to their respective fields.
Protecting Creators in the Age of AI: The COPIED Act Explained
As digital manipulation has become increasingly sophisticated, the problem of non-consensual deepfakes has reached alarming proportions. This issue came into sharp focus earlier this year when explicit AI-generated images of popular musician Taylor Swift surfaced on X (formerly Twitter). This incident not only sparked widespread concern but also led to urgent calls for the U.S. Senate to enact new legislation to address the growing menace of deepfake abuse. The Senate has now proposed the COPIED Act, aiming to safeguard the rights of content creators and enhance transparency in the use of artificial intelligence.
Tracing Privacy: From Telegraph to Telephone
The world was in the midst of a technological revolution. With each new invention, communication and information exchange saw an unprecedented increase. The print industry blossomed with the advent of the digital age, witnessing an explosion of inventions and usage. It was only natural that this rapid growth would bring about privacy concerns. Why not? The audio-visual information about individuals became more accessible than ever before, profoundly impacting personal lives. Accordingly, new laws and regulations were created to address these growing problems.
AI-Specific Representations in M&A: Best Practices
Recent advancements in artificial intelligence (AI), particularly generative AI (GenAI), have increased merger and acquisition (M&A) activity across industries such as software, healthcare, and financial services. Companies developing, commercializing, or significantly utilizing AI technology are becoming prime targets for acquisition. As a result, AI-specific representations in tech M&A transactions have gained prominence, and both buyers and sellers rely on them to protect their interests and maximize deal value. This article covers AI-specific representations in tech M&A: their significance, common types, legal considerations, and best practices.
Balancing Confidentiality: The Right to Warn in AI
The ethical development and deployment of artificial intelligence (AI) are increasingly critical issues as AI technologies advance and become part of daily life. The “Right to Warn about Advanced Artificial Intelligence” open letter, authored by current and former AI employees, both named and anonymous, has underscored the need to address the potential risks associated with AI. This letter raises crucial questions about the balance between company confidentiality and the imperative to protect public interest, particularly focusing on non-disparagement clauses for risk-related criticisms and non-retaliation for breaches of confidentiality agreements.
Tracing the Early Evolution of Privacy in America
Few concepts in American history are as intricate and enduring as privacy. From the quiet solitude of colonial homesteads to the digital world of the 21st century, privacy in the United States has been shaped by societal values, technological advancements, legal battles, and cultural shifts.
A Closer Look at the American Privacy Rights Act 2024
The unveiling of the American Privacy Rights Act 2024 by U.S. Representative Cathy McMorris Rodgers and U.S. Senator Maria Cantwell on April 7, 2024, marks a watershed moment in the quest for digital privacy. With its comprehensive approach encompassing the definition of covered data, the establishment of processing principles, and the protection of consumer rights, this draft legislation is a significant stride toward fortifying privacy safeguards. Among the cornerstone elements of the legislations are:
Privacy in the Digital Age: Decoding the AI Consent Act
In a significant move toward safeguarding consumer privacy in the age of artificial intelligence (AI), U.S. Senators Ben Ray Luján and Peter Welch unveiled a bill aimed at enhancing transparency and consent requirements for companies utilizing personal data in training AI systems. The introduction of the Artificial Intelligence Consumer Opt-In, Notification Standards, and Ethical Norms for Training (AI Consent) Act in the U.S. Senate is a pivotal moment for data privacy and technology.
Inside EM³ Law: Exploring the DNA of our Legal Culture
Welcome to an exclusive interview with the attorneys of EM³ Law. In this session, we’ll explore the firm’s commitment to diversity, inclusion, and innovation, along with personal anecdotes, insights into our roles, and the exciting future of EM³.
California’s AI Policy: Delving into Senate Bill 896
California’s SB 896 sets a framework for ethical AI use across state agencies, focusing on transparency, accountability, and public safety. It mandates GenAI risk assessments, public disclosures, and statewide collaboration to safeguard citizens and critical infrastructure.
Utah leads the way: A Step toward AI Regulation
Utah’s Artificial Intelligence Policy Act aims to protect consumers and ensure transparency in AI use across industries. Key provisions include disclosure rules, liability for misuse, and the creation of an AI regulatory office.
OpenAI DevDay Conference 2023: Key Highlights for Businesses and Organizations
OpenAI’s DevDay 2023 unveiled a wave of transformative tools, from GPT-4 Turbo and the Assistants API to customizable GPTs and copyright protection. These innovations are a major leap forward for developers building the next generation of AI-powered applications.
Legal AI Implementation Advice for Businesses (5 Step Guide)
Before deploying Artificial Intelligence (AI), companies must take a systematic approach to address the legal, commercial, and ethical risks involved. This begins with assessing the technology architecture, rights/access to data, and use cases both from a technological perspective, on the one hand, and a legal and regulatory perspective, on the other, in parallel, and prior to beginning any implementations.
Pharma, Social Media, and Regulatory Agencies: A Catch-up Game
Partner Joan Lebow co-authored a timely article on pharmaceutical advertising and physician influencers in the social media era, published in the Journal of Health and Life Sciences Law. The article and accompanying podcast examine how FDA and FTC regulations are adapting to protect patients as drug companies find new ways to promote their products on social media.
Kevin Trabaris: Equipment Leasing & Vendor Contracting
EM³ Partner Kevin Trabaris shares key insights on equipment leasing vs. vendor contracting in Monitor Daily, highlighting risks lenders should not overlook. "There is no concept of mutuality in equipment lease agreements," Trabaris explains.
New Partner Announcement: Kevin Trabaris
EM³ is proud to welcome Kevin Trabaris as its newest partner. His arrival strengthens our corporate and finance capabilities. Kevin brings decades of experience in commercial finance, restructuring, and complex transactions.
The attorneys of EM³ discuss the role of women in the legal profession
In celebration of Women’s History Month, the women of EM³ Law reflect on progress, mentorship, and the future of women in the legal profession.
EM³ Law Attorneys Named to 2023 Illinois Super Lawyers List
Congratulations to Jamal Edwards and Joseph Krcmar on their selection to the 2023 Illinois Super Lawyers list, which selects 5% of attorneys statewide.
Unlocking Value: 10 Tips for Negotiating Your SaaS Agreement
Negotiating a SaaS agreement? EM³ Law shares 10 key contract terms to help protect your business and maximize value.
EM³ Attorney Masel Prevails in High-Stakes Commercial Banking Litigation
EM³ partner Gary Masel secures a victory in multimillion-dollar banking litigation, with all defenses and counterclaims struck with prejudice.
Michelle Skinner: Top 100 Lawyer by National Black Lawyers
Congratulations to EM³ attorney Michelle Skinner on being named one of the Top 100 Black Lawyers in Illinois by The National Black Lawyers.
Attorney Jim Maxson’s Life Settlement Article Featured on AlphaWeek
EM³ Partner Jim Maxson shares key legal insights on life settlements due diligence in his latest article for AlphaWeek. A must-read for investors and advisors.
EM³’s Stefanie L. Hood on NAMWOLF Panel for Data Privacy
Stefanie Linares Hood spoke at NAMWOLF’s Driving Diversity Conference on data privacy in clinical studies and the legal impact of the 21st Century Cures Act.
EM³’s Ajay Mago discusses Instagram CEO testifying before Senate
Ajay Mago joins Newsmax to weigh in on Instagram CEO Adam Mosseri’s Senate testimony and the urgent need for updated tech policy. Watch the full interview here.
Managing Partner Ajay Mago featured in CNBC article about ‘Squid Game’
EM³ Co-Founder Ajay Mago shares insights with CNBC on the global production boom fueled by hits like Squid Game. Read the full article for more.
Maxson Mago & Macaulay (EM³) Welcomes 6 New Attorneys
EM³ welcomes six new attorneys, including four seasoned partners, to its Chicago office. The addition is a bold step in the firm’s strategic national growth.
EM³’s Jamal M. Edwards selected to the 2020 Illinois Super Lawyers list
Congrats to EM³ Co-Founder Jamal M. Edwards on being selected to the 2020 Illinois Super Lawyers list, a well-earned honor for his leadership.
Global IoT & AI solutions provider Softweb Group acquisition by Avnet
EM³ advised Softweb Group on its successful acquisition by Avnet. The acquisition was a major cross-border tech M&A deal in the AI and IoT space.
EM³ Featured on MarketWatch:Partners Recognized as Minority Leaders
EM³ partners Jamal Edwards and Ajay Mago honored as minority leaders in law and business. Read more about their national recognition on MarketWatch.
“Why ITC Is Increasingly Attractive For Patent Holders” by Ajay Mago and Scott Anderson
Ajay Mago and Scott Anderson explore why the ITC is becoming a powerful venue for patent enforcement. Read their insights in Law360.
The Washington Post: Mago Leads Fight Against Import of Fraudulent Textiles
Ajay Mago leads AAVN to victory at the ITC, securing a ban on falsely labeled high-thread-count sheets. A major win for fair trade and consumer protection.
Michelle Skinner: Re-elected on Top 100 Lawyer by National Black Lawyers
Congratulations to Managing Partner Michelle Skinner on being named one of the Top 100 Lawyers in Illinois by The National Black Lawyers for the second year in a row. This honor recognizes her legal leadership and continued impact in the profession.