Sophia is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s news and commentary, the United Steelworkers President urges President Trump to block a proposed steel merger; Goodwin Procter discloses diversity data to the EEOC; and a federal judge in California hints that authors’ work might be subject to fair use by Anthropic AI.
Yesterday, United Steelworkers President David McCall urged President Donald Trump to block Nippo Steel Corporation’s bid to buy United States Steel Corporation – a proposed merger that has garnered criticism for potentially consolidating the steel industry. McCall asserted that, “Allowing the sale of U.S. Steel to Nippon, a serial trade cheater, will be a disaster for American Steelworkers, our national security and the future of American manufacturing… President Trump has publicly pledged to block this sale since January 2024… We now urge him to act decisively, shutting the door once and for all on this corporate sellout of American Steelworkers and defending U.S. manufacturing.”
Goodwin Procter, one of the world’s largest law firms, recently sent the Equal Employment Opportunity Commission (EEOC) over 200 pages of information on diversity data that the agency had requested. Six other law firms that the EEOC requested information from – Kirkland & Ellis, Latham & Watkins, Simpson Thacher, A&O Shearman, Skadden, and Milbank – have already made deals with the Trump administration to provide pro bono legal services in exchange for being released from the investigation. The information Goodwin disclosed to the EEOC revealed that the firm ended its participation in the Sponsors for Educational Opportunities legal fellowship, which offers underrepresented law students the opportunity to work for prestigious law firms. Additionally, Goodwin halted its relationships with the Leadership Council for Legal Diversity and the Mansfield certification program – a credential that indicates the degree of a law firm’s efforts to increase diversity, equity, and inclusion internally.
In a hearing yesterday of the case Bartz v. Anthropic, Senior Judge of the U.S. District Court for the Northern District of California William Alsup suggested he was “inclined” to find that Anthropic violated the Copyright Act when the company made initial copies of pirated books to train its artificial intelligence (AI) model, but that subsequent uses were subject to “fair use.” Anthropic argued that the four factor fair use test points in its favor. Three weeks prior to this hearing, Judge Vince Chabria, also of the U.S. District Court for the Northern District of California, heard a similar case in which several authors brought suit against Meta for allegedly engaging in copyright infringement for training its latest AI model “Llama 3” on the authors’ published works. Judge Chabria suggested that Meta’s AI model could destroy markets for copyrighted work, but that the evidence offered by the authors asserting harmful market effects was lacking. The decisions of these cases will have lasting effects on the artists, writers, and other creatives who have produced, and will continue to produce, work that AI companies use without permission to train their AI models.
Daily News & Commentary
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September 8
In today’s News and Commentary, workers and unions across America celebrate Labor Day, California’s SEIU Local 1000 prepares for a strike authorization vote, and New York City creates the Office of Worker Power. On Monday, labor unions and workers gathered in cities across the United States in celebration of Labor Day. Parades and rallies took […]
September 7
Eighth Circuit finds DOL order violates Seventh Amendment; 1,300 workers at Encore Boston Harbor go on strike.
September 6
Encore casino workers strike; President Trump commutes sentence of former Philadelphia IBEW leader; Durham labor activist ends his hunger strike against Amazon.
September 4
NLRB advice memo narrows political protest protections; NLRB asks federal appeals court for deference.
September 3
Seond Circuit rejects a NLRB standard for union insignia in employer dress codes; House Republicans ramp up labor union investigations.
September 2
Trump’s US Steel agreement impacts labor talks; Mamdani clashes with teachers’ union; Boeing plans to resume bargaining talks.