Pallavi Seth, Principal at The Brattle Group and Co-Leader of Brattle's Intellectual Property practice, is joined by Rachel Lovejoy, former Chief IP Counsel at SpaceX and President of T Minus Zero LLC, to discuss the evolving landscape of intellectual property (IP) strategy in the rapidly growing space industry.

Drawing on Rachel’s nearly 30 years advising leading technology companies, Pallavi and Rachel explore a variety of timely topics related to space IP. They discuss the unique considerations for protecting innovation in the space sector, including balancing patent rights versus trade secret strategies, the impact of national security concerns, and the global expansion of commercial space opportunities. Rachel also shares insights on navigating increased competition, the rise of international “coopetition,” the emerging role of AI, and advice for women seeking careers in space IP.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Timestamped Overview 
00:00 Intro & Rachel’s Background
03:08 Space Industry Intellectual Property Strategy
09:19 Space Collaboration and IP Management
11:19 Space Chips: Tech and Radiation
14:24 Breaking Stereotypes in Space Industry

Dr. Pallavi Seth, Principal at The Brattle Group and Co-Leader of the firm’s Intellectual Property practice, welcomes Beau Jackson, Partner at Husch Blackwell and leader of its Section 337 practice, to discuss the evolving landscape of intellectual property enforcement at the US International Trade Commission (ITC).

Pallavi and Beau review the legal and economic nuances of Section 337, focusing on the domestic industry requirement – what it means, why it matters, and how it has shifted through landmark Federal Circuit decisions. The conversation highlights recent guidance on what constitutes a significant domestic industry, including the pivotal Lashify case and Beau’s success in the Ventria Bioscience matter.

The episode also explores the implications of sales, marketing, and distribution activities, changing thresholds for economic significance, and the broader policy environment influencing the ITC today. Beau and Pallavi provide insights for practitioners and experts navigating complex intellectual property (IP) and trade landscapes.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Timestamped Overview
00:00 Federal Circuit Affirms No Threshold
03:57 Understanding Section 337 Litigation
07:06 Domestic Industry Requirement Explained
12:48 ITC Case Success Factors
16:20 Lashify ITC Case Summary
19:47 ITC Challenges Federal Circuit Ruling
22:35 ITC Domestic Industry Rule Shift
26:37 No Minimum Threshold for Patent Protection
27:55 Patent Practice Dispute Reduces Allocation
31:19 Has There Been An Uptick in Section 337 Filings?

Pallavi Seth, Principal at the Brattle Group and Co-Chair of its Intellectual Property practice, sits down with Dr. Brent Lutes, Chief Economist at the US Copyright Office and former Brattle colleague, to explore the economic complexities at the intersection of artificial intelligence (AI) and copyright policy.

Pallavi and Brent discuss Brent’s recent collaborative publication, “Identifying the Economic Implications of Artificial Intelligence for Copyright Policy,” which provides an economic research framework for evaluating AI’s impact on copyright. They clarify the definitions and distinctions between generative AI outputs and the use of copyrighted materials as AI inputs, and examine the challenges in defining optimal copyright policies in this rapidly evolving space.

Throughout the conversation, Pallavi and Brent explore core economic principles underlying copyright, the social welfare considerations of policy choices, the difficulties of creating collective licensing schemes, and the pragmatic challenges facing creators and AI developers alike.

The report referenced in this episode can be found here: https://copyright.gov/economic-research/economic-implications-of-ai/

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice

Timestamped Overview
00:00 Introduction
04:38 AI Definition and Copyright Challenges
07:41 AI Copyright: Social Benefits Debate
11:24 "Balancing Economics of AI Policy"
13:50 "Copyright and Market Power Dynamics"
19:49 AI Policy's Social Impact & Market Power
21:24 AI Creativity and Resource Constraints
27:34 Complex Value Assessment in AI Training
28:37 Licensing Challenges for Training Materials

Brattle Principals Jake Zahniser-Word and Anul Thapa draw on their extensive expertise in oil, gas, and energy sector finance to discuss the critical role of real options in valuing exploration and production (E&P) companies. With backgrounds in corporate finance, valuation, and commercial and regulatory disputes, Jake and Anul discuss how real-option valuation incorporates forecast uncertainty and recognizes the additional value of flexibility to capitalize on new information and market conditions over time.

Specifically, the episode explores the importance of real options in scenarios where E&P firms face market uncertainty, especially during bankruptcies and restructuring. Jake and Anul explain the limitations of traditional valuation methods, define real options, and detail how incorporating flexibility – such as the ability to defer or expand projects – can significantly impact valuation outcomes. The discussion also features a case study of Chesapeake Energy’s bankruptcy, illustrating the real-world consequences of properly accounting for (or neglecting) real options in asset valuation.

The article referenced in this episode can be found here.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Brattle Principals Dr. Coleman Bazelon and Dr. Paroma Sanyal dive into the world of spectrum auctions in this episode, offering a comprehensive look at the intricacies of the auction process.

Spectrum, the medium for wireless communications, is accessed by companies through licenses issued by the Federal Communications Commission (FCC). Drawing on her experience at the FCC, Paroma leads an in-depth discussion on how these auctions work and what they mean for the industry. Coleman then details the auction process and the shift from earlier methods, such as political favors and lotteries, that has led to a more efficient and transparent process.

The conversation also covers the FCC’s role in auctions, auction strategies, how clients prepare for bidding, insights into auction dynamics, including strategies like “parking,” and the importance of Congressional Budget Office (CBO) scoring.

Coleman and Paroma also reflect on future bands for auction, the legislative landscape impacting the FCC’s authority, and the novel idea of establishing a “spectrum court” to streamline spectrum management.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Brattle Principal Shastri Sandy hosts a conversation with Senior Litigation Specialist Ethan Moore and Principal Rafael Klotz to explore the intersection of generative artificial intelligence (GenAI) and bankruptcy.

The conversation begins with an overview of GenAI – what it is, how it works, and how it powers technologies like ChatGPT and DALL-E. Ethan provides insight into how GenAI contrasts with traditional AI and details its exciting potential as well as concerns over accuracy, ethics, and legality. Rafael, meanwhile, highlights generative AI’s transformative role across industries – from tech and marketing to manufacturing and healthcare – and notes the particularly rapid adoption compared to previous technologies.

The group then delves into risks associated with GenAI, including copyright lawsuits, ethical issues, and financial challenges. The episode wraps up with a consideration of regulatory landscapes and the potential for AI-specific copyright laws, emphasizing the need for firms to navigate these emerging economic challenges.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Timestamped Overview
04:27 Introduction
08:26 AI Transforming Multiple Industries
11:16 Generative AI's Rapid Adoption
14:16 Generative AI's Legal Risks
17:02 Monetization Challenges in AI Tools
22:14 Legal Challenges of AI Content Ownership

Ryan Chapman, Brattle Senior Research Analyst, and Sean Flaim, Senior Attorney at the US Department of Health and Human Services, delve into the intersection of antitrust and artificial intelligence (AI) in this episode.

The pair discuss topics from Ryan’s recent article “Antitrust in the Age of AI,” which – published by the American Bar Association’s Amplify – explores if the consumer welfare standard can address the rise of generative AI. Sean, with his extensive background in litigation and antitrust policy, poses pressing questions on the implications of AI on competition. The episode touches on the distinctions between generative and predictive AI, the impacts of AI-driven personalization and pricing strategies, and the potential for market power to impact innovation.

They also discuss AI’s structural effects on the economy, including acquisition strategies and labor markets, while highlighting the pro-competitive benefits AI might bring by lowering technical barriers and aiding regulatory efforts.

The link to the article mentioned in the podcast can be found here.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

In this episode of The Brattle Exchange, Johannes Stroebel, the David S. Loeb Professor of Finance at NYU Stern School of Business and Director of the Climate Finance Initiative, joins Brattle Senior Associate Bennet Berger to delve into the intersections of real estate economics, discount rates, and climate risk.

Bennet and Johannes cover several topics within Johannes’ extensive and innovative research background, from analyzing asymmetric information in the housing market – which he discussed in a 2016 Brattle Prize-winning paper – to his work on long-term discount rates and how they impact cost-benefit analyses involving investments in climate risk adaptation. The pair also discuss some of Johannes’ recent work on the extent to which house prices are affected by climate risk. Johannes shares his findings that the price discount for housing that is exposed to climate risk may be larger during periods when there is increased attention on climate risk.

Learn more about The Brattle Group Prize in Corporate Finance and the prize-winning papers here.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

In this episode of The Brattle Exchange, Principal Dr. Shastri Sandy welcomes Dr. Luigi Zingales, an expert in corporate governance, white-collar fraud, and financial economics. Luigi is a Professor of Entrepreneurship and Economics at the University of Chicago’s Booth School of Business; he was Shastri’s dissertation chair while Shastri was completing his PhD and MBA at Booth. Their conversation spans diverse topics, including Luigi’s groundbreaking research in corporate governance and fraud, the complexities of capital allocation, and the alignment of corporate social responsibility and economic activities.

Luigi explores the tension between shareholder value maximization and welfare maximization – challenging conventional norms in corporate governance – and discusses his role hosting the University of Chicago podcast Capitalisn’t, where he seeks to simplify complex economic topics to educate a broader audience. Luigi also discusses his current research interest in improving corporate governance, and reducing company overreach through representative shareholder assemblies making informed stock voting decisions.

Learn more about The Brattle Group Prize in Corporate Finance and the prize-winning papers here.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Dr. Bin Zhou, Brattle Principal, and Clifford Holderness, Professor Emeritus at Boston College Carroll School of Management, engage in a dynamic discussion on corporate governance and ownership concentration in publicly traded companies.

Drawing upon Cliff's extensive background in corporate finance, the episode delves into his innovative research – which has often challenged conventional thinking – including on the dynamics of large-block ownership and large-block trading in publicly traded companies. Bin and Cliff also discuss private benefits of control, potential conflicts between large and minority shareholders, and Cliff’s recent research on shareholder voting on potentially controversial company issues.

Learn more about The Brattle Group Prize in Corporate Finance and the prize-winning papers here.

The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.