By Design Law

SEC’s Crackdown on Big Banks & OpenAI: Rethinking NDA Drafting

In the ever-evolving landscape of finance and technology, few agencies wield as much influence as the U.S. Securities and Exchange Commission (SEC). Recently, its focus has shifted onto some heavyweights—big banks and OpenAI. This intensified scrutiny isn’t just a headline-grabbing move; it’s poised to spark a seismic shift in how Non-Disclosure Agreements (NDAs) are crafted and enforced. As these high-stakes entities navigate new compliance pressures, the very essence of confidentiality and corporate transparency is being challenged, leading us into uncharted legal territories.

Traditionally, NDAs have been straightforward tools for protecting sensitive information. Yet, in the wake of the SEC’s recent clampdowns, which aim to ensure greater accountability and transparency, the language and stipulations of these agreements are undergoing serious reconsideration. These changes could redefine risk management and confidentiality protocols, ensuring they align with regulatory expectations. For professionals in both finance and tech, understanding this evolution is crucial—not only to safeguard proprietary information but to navigate the broader implications on corporate governance and strategy. As we delve into these developments, the impact on NDA drafting could offer insights into the future of corporate compliance.

July 14, 2025

Navigating Legal Challenges in the World of Open Source Software

Imagine diving into a treasure trove of innovative software tools, all freely available and ready to enhance your projects. This is the world of open source, where collaboration and creativity reign supreme. Yet, beneath the surface of this digital wonderland lie intricate legal challenges that can catch even the most savvy developers off guard. In a landscape where code is king, understanding the legalities of open source becomes crucial for safeguarding your work and reputation.

With the rise of open source software, companies and individuals alike have embraced its benefits, leading to a revolution in how we develop and distribute technology. However, this boon comes with its own set of hurdles. Licenses vary widely, each with specific requirements and restrictions that can impact everything from how you modify the code to how you share your projects. Join us as we unravel these complexities, offering insights and strategies to navigate the legal maze of open source software effectively.

July 10, 2025

Exploring GENIUS: Legal Impacts on US Stablecoins and Digital Assets

In an era where digital assets are rapidly transforming the financial landscape, the introduction of the Guiding and Establishing National Innovation for US Stablecoins Act—aptly abbreviated as GENIUS—marks a pivotal juncture. As digital currencies like stablecoins gain traction, they stand at the crossroads of innovative potential and regulatory hurdles. For investors, companies, and everyday users delving into this digital frontier, understanding the legal framework that governs these assets is crucial. How the GENIUS Act navigates the intricate web of regulation could very well dictate the future of digital finance in the United States.

While traditional financial systems have well-established regulations, the volatile nature of digital currencies beckons for a forward-thinking legislative approach. With GENIUS, the US aims to establish clear legal parameters, addressing concerns over security, consumer protection, and market stability. This act not only seeks to integrate stablecoins into the mainstream economy but also sets the stage for future digital asset legislation. Whether you’re an enthusiast or a skeptic, exploring the implications of GENIUS will undoubtedly provide insight into how the US plans to blend innovation with regulation, reshaping the digital asset narrative for years to come.

June 19, 2025

Navigating Digital Assets, Data Rights, and Online Platforms in Legal Contracts

In the rapidly evolving digital landscape, the fine print of legal contracts is transforming in tandem with technological advancements. The surge in digital assets and the intricate web of data rights and online platforms have catapulted legal professionals into uncharted territory. Imagine navigating a maze where the walls are constantly shifting—this is the reality for those tasked with interpreting contracts in this new era. With technology leaping forward at breakneck speed, traditional legal frameworks are being put to the test, challenged by the complex dynamics of intellectual property, data privacy, and emerging digital ecosystems.

As legal experts attempt to untangle the complexities of digital assets, the implications of data rights in contractual agreements become increasingly significant. The potential for contract disputes looms large, with innovative technologies introducing unprecedented scenarios that existing legal systems struggle to encompass. It’s a compelling moment in the field of law, where understanding digital nuances could mean the difference between success and costly litigation. In this blog post, we delve into the challenges and strategies involved in navigating the multifaceted world of legal contracts in the age of digital assets and data rights.

June 18, 2025

Bypassing Attorneys: Why ‘ChatGPT’ Isn’t Your Best Bet For Legal Advice

In an era where technology seems to offer solutions at the click of a button, the temptation to bypass traditional services is more alluring than ever. Imagine facing a complex legal issue and thinking, “Why not just ask ChatGPT, Legal?” After all, it’s fast, readily accessible, and doesn’t come with hefty legal fees. However, this seemingly convenient solution may lead you down a path fraught with significant pitfalls. Relying on an AI for legal advice isn’t just risky—it could have serious repercussions that a chatbot simply isn’t equipped to handle.

Legal matters are often intricate, requiring a nuanced understanding of laws, precedents, and regulations that only a licensed attorney can provide. While ChatGPT Legal might offer quick answers, it lacks the human insight and ethical responsibility necessary for comprehensive legal guidance. As technology continues to advance, it is crucial to recognize when it’s best to rely on the expertise and experience of a professional lawyer rather than an AI tool. Understanding the limitations of ChatGPT can ultimately save you from costly mistakes and ensure your legal issues are handled with the care they deserve.

June 18, 2025

AI Washing: Unveiling Implications and Legal Guidance for Businesses

In today’s rapidly evolving technological landscape, businesses are eager to harness the power of artificial intelligence to stay ahead of the curve. However, not all that glitters is gold. Enter “AI washing,” a term that represents the deceptive practice of companies exaggerating their AI capabilities. This phenomenon is more than just misleading marketing; it can have serious legal ramifications for businesses. The allure of AI washing often leads companies down a perilous path, risking their reputation and running afoul of advertising standards and consumer protection laws. Understanding the depth of this issue is essential for any company hoping to navigate the modern tech-driven market responsibly.

The implications of AI washing extend beyond mere image concerns. For businesses caught in the web of AI exaggeration, the legal stakes are high. It is crucial for companies to understand these risks and seek appropriate legal guidance to avoid potential pitfalls. Lawyers with expertise in technology and compliance can provide invaluable assistance, helping businesses decipher the complexities of AI claims, ensuring they are both authentic and legally sound. As we delve deeper into AI washing, this blog will unpack the layers of its implications and provide insightful legal guidance to safeguard your business in this digital age.

June 18, 2025