BakerHosts

On today's episode of BakerHosts, we give businesses a clear, practical roadmap for navigating tariff refunds and the litigation risks that follow.Questions and comments: JSingerBrady@bakerlaw.com; kcutts@bakerlaw.com

In today's digital economy, where brand identity is both a strategic asset and a frequent target of infringement, artificial intelligence (AI) is rapidly becoming indispensable in trademark enforcement. Serving as both sword and shield, AI is transforming how legal professionals anticipate disputes, monitor brand usage and enforce intellectual property rights across complex digital environments.Questions and Comments: skayser@bakerlaw.com and tdroberts@bakerlaw.com

Intellectual property is one of the – if not the – greatest assets a business can own. Innovative companies need to carefully identify and protect their IP assets in order to maximize their value over their terms of protection. Savvy business owners will build this protection element into their overall business plan, ensuring that the IP strategy is not an afterthought but a key proactive driver of the company's growth. The alignment between the two is critical and ensures that both strategies support the overall goals of the business.Questions and Comments: tcasey@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.Episode 9 features Paul Karlsgodt, co-lead of BakerHostetler's Privacy and Digital Risk Class Action and Litigation team. This episode examines today's privacy litigation landscape, focusing on how cybersecurity incidents, adtech practices, and emerging technologies like AI shape legal risk, where companies often underestimate exposure, how early decisions influence long‑term outcomes, and what in‑house counsel should be paying close attention to right now.Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

In this episode of Regulatory Horizons, Winston Kirton breaks down the recurring issues driving FDA Form 483s and warning letters, from data integrity and quality oversight to supplier controls and documentation gaps.If your compliance program looks solid on paper but cracks appear under scrutiny, FDA will find them. Tune in for a clear look at what today's inspections are really testing—and how companies can stay ahead.Questions and comments: wkirton@bakerlaw.com

As social media becomes an increasingly powerful tool for brand engagement, it also presents a growing legal minefield – particularly in the realm of copyright infringement. In recent years, intellectual property litigation has surged in the digital space, with a sharp uptick in disputes involving unauthorized use of copyrighted content on platforms such as Instagram, Facebook and others.Questions and Comments: jkurcz@bakerlaw.com

An effective IP strategy demands specialists who understand both IP law and deal mechanics. The IP specialist must be able to identify assets, assess chain of title, flag risks and ensure that contracts, licenses and disclosures align with the transaction's structure. Like all specialists drawn from practice areas outside the core M&A team, they must also understand the impact of deal structure, purpose and entities on their analysis. So how do parties in a transaction make sure they are getting what they want while avoiding pitfalls?Questions and Comments: bclark@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel unpack the Fifth Circuit's Intuit decision, which vacated an FTC cease‑and‑desist order and held that the FTC's administrative process violates constitutional separation‑of‑powers principles in false advertising cases. They discuss how the ruling—building on AMG and Jarkesy—could significantly curtail the FTC's ability to pursue monetary remedies through administrative enforcement and reshape the agency's consumer protection strategy going forward.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

Artificial intelligence (AI) has become nearly ubiquitous in everyday life, and given AI's widespread use across industries, it is no surprise that the United States Patent and Trademark Office (USPTO) has taken a keen interest in AI, issuing guidance on how AI should be treated and used by USPTO personnel and patent practitioners alike.Questions and Comments: ARabinowitz@bakerlaw.com

The patent landscape in 2026 looks nothing like it did just a year ago. Sweeping changes at the U.S. Patent and Trademark Office throughout 2025 have reshaped how patents are challenged and enforced, dramatically elevating their strategic importance.In this episode of BakerHosts, Jason Hoffman explores the Great Patent Pivot, a fundamental shift that has made post‑grant challenges harder to access while strengthening the tools available to patent owners. Jason walks through the forces driving this change and explains what it means for patent owners, accused infringers, and businesses navigating patent risk today.

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM. Episode 8 features Janine Anthony Bowen who brings an engineering and business background to high‑stakes technology, data, and AI transactions. She also advises clients where technology and sports intersect.Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

In Washington, supply chains are now tied to national security, resilience, and public health. We're seeing that play out in FDA policy, inspection priorities, and legislation like the BIOSECURE Act.Across the Atlantic, the story is similar—but not identical. The European Union is advancing its own framework through the Critical Medicines Act, shortage‑prevention mandates, and new expectations around manufacturing resilience.The result is a new reality for global companies: U.S. and EU regulators are aligned in objective, but increasingly divergent in execution.Today, we're going to unpack what that means in practice—how onshoring, friend‑shoring, and supply‑chain sovereignty are reshaping compliance, approvals, and enforcement on both sides of the Atlantic. Questions and Comments: wkirton@bakerlaw.com

As businesses increasingly turn to generative artificial intelligence (GenAI) tools to develop brand and marketing assets – such as names, logos and product designs – they face novel legal questions, including who owns the copyright or trademark rights when GenAI contributes to the creation process.

On today's episode of AD Nauseam, Amy and Daniel are joined by BakerHostetler Partner Victoria Rutherfurd to explore the FTC's renewed scrutiny of subscription and negative option practices, including signals that rulemaking may restart after the prior rule was struck down. The discussion also highlights ongoing ROSCA litigation trends and practical steps companies should take to strengthen subscription disclosures and cancellation processes.Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com, or vrutherfurd@bakerlaw.com

Today's topic is a big one: the BIOSECURE Act, signed into law on December 18, 2025, as part of the FY 2026 National Defense Authorization Act. The law restricts federal agencies, contractors, and grant recipients from procuring or using biotechnology equipment or services from what the statute calls “biotechnology companies of concern.” This is more than a procurement rule—it has broad implications for biopharma, device companies, CDMOs, CROs, genomics companies, and even research institutions relying on federal funds. Implementation timelines, designations, and compliance obligations are already starting to take shape.Questions and Comments: wkirton@bakerlaw.com and ahiggins@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.Episode 7 features Partner Matt Van Hise (Chicago), formerly Chief Privacy Officer and Chief of the Privacy & Data Security Unit at the Illinois Attorney General's Office and a longtime leader in multistate AG privacy investigations. Matt shares how the regulator's lens shapes incident response—what triggers deeper scrutiny, how to coordinate across states, and pragmatic steps companies can take to mitigate enforcement risk.Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel explain when trade names can be treated as advertising claims and challenged as misleading, focusing on how the FTC and NAD handle expressly false versus implied claims. They highlight key cases, especially in health and wellness, and offer practical guidance on when bold or hyperbolic names are allowed and when a name change may be required.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

Cybersecurity is no longer just an IT or privacy issue. For FDA regulated companies, it's a patient safety issue, a product quality issue, and increasingly a regulatory enforcement issue. FDA has made it clear that cybersecurity vulnerabilities can affect medical devices, software, manufacturing operations, clinical data, and even the availability of life saving products.Today, we're bringing together two perspectives—the FDA regulatory lens and the cybersecurity lens—to talk about what companies need to understand and where they're getting tripped up.Questions and Comments: wkirton@bakerlaw.com or egyasi@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel look back at the NAD's biggest shifts in 2025—from new leadership and procedural updates to major trends in health claims, influencer cases, AI enforcement, and Made in USA scrutiny. They unpack how Phyllis Marcus is reshaping the process and what this year's surge of challenges means for advertisers heading into 2026.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.Episode 6 features Daniel Kaufman, who specializes in Advertising, Marketing, and Digital Media in BakerHostetler's Washington, D.C. office. Daniel is widely recognized for his strategic and pragmatic approach to complex regulatory matters, with an emphasis on consumer protection. He has earned national recognition for his efforts representing companies subject to FTC consumer protection and privacy investigations on topics ranging from billing practices to online disclosures and the use of data for advertising purposes.Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

Today we will focus our discussion on AI and Digital Health and FDA's Evolving Oversight. The FDA has been actively shaping its regulatory framework for AI and machine learning in medical devices, recognizing that traditional device regulations were designed for static products not adaptive algorithms that learn over time.Questions and Comments: wkirton@bakerlaw.com, jsherer@bakerlaw.com, avold@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel close out 2025 with a fast‑paced look at the FTC's most pivotal shifts—from major leadership changes to rulemaking shakeups and the year's most consequential enforcement trends. They will break down what defined the agency's first year under Chairman Ferguson and what these developments signal for advertisers heading into 2026.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.Episode 5 features Aleksandra Vold, a Partner in BakerHostetler's Chicago office specializing in Healthcare Privacy and Compliance. Aleks is widely recognized for her strategic and pragmatic approach to incident response and regulatory advisory. She has earned national recognition as an incident response attorney and is a trusted advisor to leading healthcare organizations.Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

In this episode of Wait, what?, patent attorneys Laura Gordon and Stephanie Lodise tackle the surprisingly high-stakes world of patent application formatting. From font size pitfalls to the perils of shaded tables, they reveal how tiny details can trigger outsized rejections, even after allowance. With real-world stories, practical checklists, and even a pop quiz, Laura and Stephanie show how faulty formatting can interrupt patent prosecution and issuance. Tune in to learn why formatting matters and why sometimes sweating the small stuff is essential for smooth patent sailing.Click below for more information on the patents mentioned in this episode!US9474267B2 “Turkey decoy Apparatus”US7490833B2 “Scent-based board game”USD468589S1 “Plate having condiment wells"Questions and comments: lrgordon@bakerlaw.com and SLodise@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel are joined by special guest Julia Ensor, a former FTC attorney who spearheaded Made in the USA guidelines and regulations that are being enforced today. Julia discusses how to stay “Made in the USA” compliant and some of her favorite cases on the topic.Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

On today's special episode of AD Nauseam, Amy and Daniel broadcast live from the Association of National Advertiser's annual conference. They're joined by Phyllis Marcus, Director of the National Advertising Division, for an interview at the ANA conference that took place on November 4, 2025. Phyllis discusses current NAD cases and what's on the horizon for NAD.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex lifecycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM. This episode features BakerHostetler's CIO, Katherine Lowry, who also helps to lead the firm's Emerging Technology team and heads IncuBaker, our legal technology team.Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

The landscape of college athletics is rapidly evolving. With new opportunities for student-athletes to profit from their name, image, and likeness (NIL), and the rise of revenue-sharing following the House settlement, legal challenges to NCAA eligibility rules are mounting. In this episode, we explore the latest developments, including the Patterson v. NCAA case, and discuss how these changes impact athletes, schools, and the future of college sports.Questions and comments: jbowen@bakerlaw.com and rlsolomon@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel discuss how the FTC approaches pricing and price disclosure issues, highlighting cases involving car dealerships, seafood companies, rental properties, and delivery services. They explore the importance of clear and conspicuous pricing information, the risks of hidden fees, and offer practical guidance for businesses navigating evolving regulations.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex lifecycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM. Episode 3 features Melinda McLellan, co-lead of the Privacy Governance and Technology Transactions team, discussing TCPA issues companies need to be thinking about.Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

In this debut episode of Wait, what?, veteran patent attorneys Laura Gordon and Stephanie Lodise unravel the deceptively tricky world of Information Disclosure Statement (IDS) timing. Just because the USPTO says you can file an IDS doesn't mean you should, especially if you care about preserving Patent Term Adjustment (PTA). With real-world examples, court cases, and practical tips, they expose how well-meaning disclosures can backfire and cost valuable patent term. Tune in to learn how to dodge the timing traps and keep your PTA intact.

On today's episode of AD Nauseam, Amy and Daniel explore the topic of individual liability as it relates to FTC cases, and the importance of listening to complaints and responding appropriately from the start.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel are joined by special guest, advertising associate Mike Ingram, to dive into the FTC's first enforcement of the Inform Act, which requires online marketplaces to verify and disclose information about high-volume sellers. They will also discuss the upcoming Take it Down Act focused on online content takedown. The discussion highlights the importance of understanding evolving FTC regulations and the need for businesses to pay close attention to compliance details.Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com and mingram@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex lifecycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM. Episode 2 features Partner Rob Musiala talking to us about what has been happening in the Web3 and digital assets space. Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

We're back with a deeper dive into the 2025 Data Security Incident Response Report, which features insights and metrics from more than 1,250 incidents in 2024.This episode dives into the Federal Trade Commission under its new leadership and what privacy developments businesses should keep their eye on.Questions & Comments: dkaufman@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel explore the legal and regulatory challenges of deceptively formatted advertising, often referred to as native advertising, focusing on how the FTC and NAD assess whether consumers can recognize content as advertising. Through case examples and policy discussions, they emphasize the importance of clear, conspicuous disclosures to maintain transparency and consumer trust.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

Counsel Ben Wanger from BakerHostetler's Digital Risk Advisory and Cybersecurity team is joined by Paul Davis (AJ Gallagher) and Tom O'Neill (Assured Partners) to discuss the resources available to universities in preparing for and dealing with cybersecurity incidents. Questions & Comments: bwanger@bakerlaw.com

In our last two episodes we discussed the impact of U.S. policy shifts on global FDA-regulated products supply chain and shared industry perspectives on global supply chain disruptions. On today's episode, we unpack the sweeping tax reforms introduced by the One Big Beautiful Bill Act signed into law on July 4, 2025. With major changes to R&D expensing, international tax regimes, and incentives for domestic manufacturing, the bill is poised to reshape the global pharmaceutical supply chain. We explore how these provisions affect multinational pharma companies' supply chain strategies.Winston Kirton – wkirton@bakerlaw.com Brian Davis – bdavis@bakerlaw.com

We're back with a deeper dive into the 2025 Data Security Incident Response Report, which features insights and metrics from more than 1,250 incidents in 2024.This episode dives into AI law, regulation, and guidance from 2024 to now. Questions & Comments: jsherer@bakerlaw.com and byantis@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel explore how advertisers can substantiate sensory claims—such as taste, smell, and feel—through rigorous testing, with a focus on guidance from the ASTM E1958 standard and decisions from the National Advertising Division (NAD). They'll also discuss key cases involving recognizable brands, emphasizing the importance of clear comparisons, appropriate test design, and statistical validity.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

We're back with a deeper dive into the 2025 Data Security Incident Response Report, which features insights and metrics from more than 1,250 incidents in 2024.This episode dives into the Federal Trade Commission under its new leadership and what privacy developments businesses should keep their eye on.Questions & Comments: dkaufman@bakerlaw.com

On today's episode of AD Nauseam, Amy Mudge and Daniel Kaufman discuss recent FTC enforcement trends, highlighting a return to traditional consumer protection cases such as fraud, earnings claims, and debt relief. They explore emerging issues, including Made in the USA (MUSA) claims, updates to COPPA regulations, and the implications of the bipartisan Take It Down Act targeting nonconsensual intimate content. The episode concludes with a deep dive into a telemedicine case involving GLP-1 weight loss programs, emphasizing the importance of transparency in advertising, testimonials, and cancellation practices.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler's Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM. Episode 1 features DADM mastermind and practice group chair, Ted Kobus, discussing DADM's evolution over the past five years and what he sees as the biggest data challenges for companies today. Questions & Comments: dsherman@bakerlaw.com and nsterling@bakerlaw.com

On today's episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade Commission. In their series, “You Have Lesley Fair Notice,” Amy and Daniel interview Lesley about her experiences at the FTC and what she thinks of the current challenges attorneys are facing.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

Supply chain disruptions have become a significant challenge for the U.S. FDA-regulated products industry, affecting the availability of pharmaceuticals, medical devices, and food. These disruptions are caused by various factors, including U.S. policy shifts, geopolitical tensions, natural disasters, and pandemics. The future of global supply chains remains uncertain, but ongoing industry efforts aim to enhance resilience and ensure the continuous supply of critical products. In this episode, we dive into how the FDA-regulated products industry is responding to these disruptions.Questions and comments: wkirton@bakerlaw.com

The Honorable Peter Roskam, Federal Policy Team Leader, and Jeff Paravano, Tax Group Chair, break down the 2025 tax reconciliation legislation. They explore how the new law preserves key provisions of the Tax Cuts and Jobs Act, delivers trillions in tax cuts, and introduces a range of significant changes and tax increases—analyzing the implications for corporations, pass-through entities, tax-exempt organizations and individuals.Comments & Questions: proskam@bakerlaw.com; jparavano@bakerlaw.com

On today's episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade Commission. In their series, “You Have Lesley Fair Notice,” Amy and Daniel interview Lesley about her experiences at the FTC and what she thinks of the current challenges attorneys are facing.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

Partner Jon Forster and Of Counsel John DeStefano will discuss legacy management and how to optimize client outcomes for successful families by using artificial intelligence and BakerHostetler's fintech application, FinClar. The discussion includes real-world examples and success stories of how FinClar enabled families by democratizing data for family use, improving advisor collaboration, promoting clear decision-making and reducing long-term costs. They will also share how tech can foster family communication to ensure that the next generation is best positioned to steward family resources into the future.Key Takeaways:Increase portfolio alpha by finding the untapped value of legacy management.Improve clarity in decision-making by offering digestible data to stakeholders.Increase efficiency in implementation and ongoing plan maintenance.Minimize postmortem administration delays and costs.Equip the next generation to understand and manage the family legacy.Unite financial, legal and tax advisors to form a collaborative ensemble.Questions and comments: jforster@bakerlaw.com; jdestefano@bakerlaw.com

Ashley's guest today is Theresa Weisenberger, a partner at BakerHostetler and co-leader of BakerHostetler's Artificial Intelligence practice. In this episode, Ashley and Theresa discuss significant issues to consider before you use AI tools in your business, including potential pitfalls that could jeopardize ownership of your intellectual property.Let's get started with Rev Up! Where the Rubber meets the law.Questions and comments: ahess@bakerlaw.com

Navigating the complexities of maintaining a stable supply chain in an ever-changing global environment is a key focus for FDA-regulated companies. As US policy shifts, the topic of global supply chain has only become more complex – and more pressing. So, how can companies address these challenges? And does this affect the availability and safety of essential products? Join us in the first episode of a new series exploring these questions and more.Questions and Comments: wkirton@bakerlaw.com

In Part 2 of the “Survey Says” series, BakerHostetler partners Amy Mudge, Daniel Kaufman, and special guest Randy Shaheen dive deeper into the design and execution of consumer perception surveys. They explore how to select the right survey audience, avoid bias, and craft effective questions to assess how consumers interpret advertising claims. The episode also covers the importance of control groups and the distinction between perception and materiality surveys in legal contexts. Packed with practical insights and a touch of humor, this episode is a must-listen for anyone navigating advertising law and survey strategy.Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com, or rshaheen@bakerlaw.com