Data protection & AIAI and Copyright: Switzerland plans compensation, licensing requirements, and reversal of burden of proof
This article examines the intersection of artificial intelligence and copyright law in Switzerland. It explores the legalities of whether AI providers can use copyrighted works to train their models and if they must obtain permission or pay compensation. Furthermore, it discusses planned legislative changes in Switzerland that could introduce mandatory licensing, compensation obligations, and a reversal of the burden of proof for AI developers.
Data protection & AIFifth Circuit Revives Meta Pixel Privacy Class Action, Expanding Litigation Risk for Website Data
The U.S. Court of Appeals for the Fifth Circuit has revived a privacy class action lawsuit against optical retailer Eyemart Express regarding its use of the Meta Pixel. The plaintiffs allege that the company shared customers' health-related website activity with Meta Platforms without their knowledge or consent. This ruling underscores the escalating legal and litigation risks for website operators utilizing tracking pixels to process sensitive user data.
Data protection & AIBVGer Judgments on PostFinance: Voiceprints, Explicit Consent, and Deletion Orders
The Swiss Federal Administrative Court (BVGer) issued two judgments concerning voice recognition practices at PostFinance. The court partially confirmed a previous FDPIC (EDÖB) decision regarding voiceprints, explicit consent, and data deletion orders. Additionally, the court ruled that the FDPIC is permitted to publish its decision without redactions once it becomes legally binding.
M&AObservations on Anthropic's Landmark S-1 IPO Filing
Anthropic has filed its S-1 for what is anticipated to be one of the largest initial public offerings in history. The comprehensive 335-page document outlines the AI company's earnings, growth metrics, key stakeholders, and forward-looking risk factors. This analysis highlights the most intriguing disclosures from the filing, providing vital context on the AI sector's public market debut and valuation dynamics.
RoboticsAnthropic IPO Prospectus Highlights AI Industry Risks
Anthropic has filed its IPO prospectus, featuring a massive 335-page document with approximately 100 pages dedicated exclusively to risk factors. The filing provides a detailed look at the company's perspective on AI technology, safety challenges, and regulatory headwinds. This extensive risk disclosure serves as a valuable resource for understanding the legal, IP, and operational vulnerabilities anticipated by top-tier AI developers.
Employee incentivesIRS Issues New Guidance on Employee Plans Compliance Resolution System
The IRS has released Revenue Procedure 2026-34, implementing changes from the SECURE 2.0 Act of 2022 to expand the Employee Plans Compliance Resolution System (EPCRS). The updated framework provides plan sponsors with broader avenues to resolve operational errors in employee plans through self-correction, voluntary correction, or under audit. The applicable correction method hinges on the error's significance and whether it was identified by the employer or the IRS.
RoboticsThe focus on AI safety disasters ignores everyday harms
This commentary argues that current technology policy and corporate AI safety commitments often focus too narrowly on preventing extreme or catastrophic events, such as illegal drug sales or self-harm. The author warns that by setting these low bars for success, policymakers and tech companies may overlook and perpetuate the more common, everyday harms caused by AI products. It highlights a critical gap in algorithmic accountability and consumer protection.
M&AEU Inc. survives Council negotiations, but are Europe's founders getting what they asked for?
The Council of the European Union has adopted its negotiating position on the proposed 28th corporate regime, commonly referred to as 'EU Inc.'. The legislative framework aims to allow founders to incorporate companies online within 48 hours for under €100 and operate seamlessly across the single market. This marks a significant structural development for European startup formation and cross-border venture financing.
M&ADelaware Chancery Court Denies $67.5M Earnout to Founder Over Aggressive Milestone Manipulation
In a notable Delaware Court of Chancery decision, In re Saama Technologies Litigation, the court ruled that a private equity buyer does not owe a $67.5 million earnout payment to the target company's founder and CEO. The ruling penalizes the founder for taking overly aggressive actions to artificially achieve the earnout milestones at the expense of the business. This case provides critical practical guidance for M&A practitioners on drafting earnout provisions and the boundaries of acceptable post-closing conduct by sellers.
M&AThe New Board Imperative: Governing What's Next
Board directors today face an expanding mandate, having to govern complex and dynamic issues such as AI, cyber threats, geopolitical uncertainty, and increasing regulation. Despite these new challenges, their core responsibilities of setting strategy, stewarding the business, choosing leaders, and overseeing risk remain fundamentally unchanged. The growing complexity of these duties places a higher premium on effective risk management and strategic oversight.
M&AWhen Traction Becomes Personal Exposure: What The Joonko Guilty Plea Means For Founders
The recent guilty plea in the Joonko securities fraud case highlights the severe personal liability founders face when misrepresenting revenue, customer traction, and AI capabilities to investors. Directors and Officers (D&O) insurance policies typically offer limited protection against established willful misconduct or fraud. Consequently, founders must carefully negotiate and review critical D&O policy provisions, such as fraud carve-outs and severability clauses, to fully understand their personal exposure during fundraising and M&A diligence.
M&ALausanne's Sonexos raises €5.4 million to tackle low-frequency noise from fans, compressors and even data centres
Lausanne-based DeepTech startup Sonexos has secured €5.4 million in a new equity funding round. The investment was led by Valquest Partners, with participation from Bosch Ventures and various angel investors. The capital will be utilized to transition the company's solid-state noise control technology from the prototype stage into industrial production.
IPDoes a generative AI 'remix' infringe Canadian copyright law?
SOCAN, Canada's largest music rights organization, has raised copyright infringement claims against the generative AI platform Suno. SOCAN alleges that the platform encourages users to generate and share unauthorized versions or 'remixes' of at least 150 protected musical works. This dispute adds to the growing number of international legal challenges brought by rights holders against AI companies.
IPA Winning Combination: Recent Decisions Signal Strengthened Protectability of Compilation and Combination Trade Secrets
Recent legal decisions highlight the increasing protectability of compilation and combination trade secrets. For many businesses, their most valuable assets are not single formulas, but accumulated data, coordinated processes, and engineering know-how. This analysis emphasizes that even if individual components are publicly known, their unique combination can still be safeguarded as a trade secret to prevent competitors from gaining an unfair advantage.
M&A2026 Global Proxy Season Review: Shareholder Scrutiny and Targeted Stewardship
An analysis of 1,415 shareholder meetings across the US, UK, and Europe during the 2026 proxy season highlights a growing divide between shareholder sentiment and actual influence. Investors increasingly focused their opposition on board composition, executive compensation, and shareholder rights. Furthermore, the outcomes of these targeted stewardship efforts were heavily influenced by meeting formats, approval thresholds, and evolving voting standards.
Employee incentivesWill the Retire Through Ownership Act Reduce ESOP Fiduciary Risk?
The newly signed Retire Through Ownership Act (RTOA) in the US allows ESOP fiduciaries to rely on IRS Revenue Ruling 59-60 methodologies for determining fair market value. Industry experts agree this is a positive step to reduce litigation fears that deter ESOP creation. However, the NCEO task force notes the law does not address all valuation issues, leaving areas like deal structure and projections to future Department of Labor regulations.
RoboticsGenerative Bionics to Launch Physical AI Data Factory in Italy
Generative Bionics has announced plans to establish a physical AI data factory in Italy to generate training data for humanoid robots directly within the EU. The initiative is designed to bolster European robotics sovereignty by keeping data generation and processing local. This reflects a growing market shift toward domestic data production to mitigate cross-border regulatory risks.
Employee incentivesTennessee to Help Fund the Costs of ESOP Feasibility Studies
The Tennessee Center for Employee Ownership (TNCEO) has launched a new business assistance program backed by a $500,000 state grant. Over the next three years, the initiative will reimburse eligible Tennessee businesses for 50% of the costs associated with ESOP feasibility studies and transaction fees, up to $25,000 per company. This funding is designed to lower the barrier to entry for businesses exploring transitions to employee ownership.
Data protection & AIProposed GDPR Modification for AI Data Processing
The Council of the European Union has reportedly approved a proposal to modify the GDPR, aiming to make the processing of personal data for artificial intelligence lawful by default. This change, introduced as a new Article 88a within a 'Digital Omnibus proposal', would allow major AI companies such as OpenAI, Google, and Meta unrestricted use of personal data for AI. If finalized, this would represent a fundamental legislative shift in EU data protection and AI governance.
M&AProtecting Trade Secrets In The Age Of AI
AI tools introduce novel risks to trade secrets, as employees may inadvertently expose proprietary data or access unvetted information via personal devices. To mitigate these risks, companies must proactively implement strict AI usage policies and restrict data access on unmanaged hardware. Furthermore, founders and boards should update standard confidentiality agreements to explicitly cover AI-related data sharing. Maintaining robust intellectual property hygiene is critical for protecting company value and ensuring smooth due diligence in future financing or M&A transactions.