The American Counsel

Sign in Subscribe

J.R. Howell

J.R. Howell is a California attorney and the author of The American Counsel. His writing examines antitrust, privacy, artificial intelligence, constitutional law, and human dignity.

https://lojrh.com/about

ROSS Plans a Supreme Court Challenge to the Third Circuit’s Fair Use Ruling in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

ROSS plans to seek Supreme Court review of the Third Circuit’s fair-use ruling. J.R. Howell examines the response from copyright scholars, lawyers, and industry commentators and the competition questions raised by AI training licenses.

Who Gets to Choose Your AI? Platform Power and the Limits of User Choice

Disputes involving Apple, Meta, Amazon, and other platforms expose the limits of user choice. This essay argues for a defined right to delegate lawful tasks, duties of agent loyalty, and a practical private remedy.

An Oklahoma Federal Court Holds a Flock Travel History Search Unconstitutional in United States v. Kyle

In United States v. Kyle, an Oklahoma federal court suppressed evidence after a warrantless search of a month of vehicle-location records. The analysis distinguishes historical travel searches from individual plate alerts.

The Proposed AI Agent Accountability Act Seeks to Extend Hacking Liability to Developers and Operators. Pros and cons?

The Hawley-Murphy proposal would extend hacking liability to AI developers and operators. This analysis examines existing CFAA limits, private remedies, and a different liability model proposed in Rhode Island.

The Third Circuit’s Decision in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. Protects Westlaw’s Market for Licensing Headnotes to AI Rivals. Now what?

The Third Circuit protected a potential market for licensing Westlaw headnotes to train AI. This analysis examines the separate antitrust record and what copyright leaves unresolved about competitive access.

Intuitive Surgical Seeks Ninth Circuit En Banc Review in Surgical Instrument Service Co. v. Intuitive Surgical, Inc. to Restore a Lock-In Defense Monopolists Never Had a Right To

J.R. Howell argues that the Ninth Circuit should preserve its aftermarket ruling. Intuitive reportedly seeks en banc review. The panel relied on evidence of equipment market power and left antitrust liability unresolved.

New Jersey’s Amazon Complaint Shows Worker Surveillance and Monopsony Are One Legal Problem

New Jersey’s allegations connect Amazon’s control over delivery contractors with driver pay and job mobility. The article examines Amazon’s response and California’s separate competition and surveillance laws. The complaint has not established liability.

Sixth Circuit Will Decide Whether Private Class Settlements Can Extinguish State Damages Claims in In re RealPage, Inc., Rental Software Antitrust Litigation (No. II)

The Sixth Circuit is reviewing whether private settlements with RealPage landlords can release damages claims pursued by state attorneys general for residents. The district court preserved claims vindicating sovereign interests, including civil penalties and injunctions.

The Newsom Administration’s Oversight Scandal: $201.7 Million in Taxpayer-Funded Fees, Unanswered Warnings

The report examines approximately $201.7 million in reported administrative fees, California’s grant contracts, and allegations that state agencies failed to enforce privacy duties across Lendistry’s systems. It distinguishes documentary records from claims awaiting adjudication.

Employer-Side AI Screening Is On by Default at LinkedIn, Indeed, and SimplyHired

Employer-side AI tools evaluate applications for participating employers on LinkedIn and Indeed. J.R. Howell examines California privacy rules, potential vendor liability, and competition concerns arising from applicant data. Product enrollment and regulatory coverage matter.