Milgrom & Daskam Blog

Health Law

Demystifying Informed Consent & Patient Registration

Informed consent reflects the legal proposition that patients have the right to make decisions about their care and treatment on sufficient, reliable, and meaningful information. Ideally, informed consent should be arrived at via a collaborative and interactive process between a healthcare provider and their patient(s), with plentiful opportunity for patient questions and discussion.

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Artificial Intelligence

Trademark Trouble in the Age of Generative AI: When AI Outputs Create IP Liability

Generative AI systems can now produce sophisticated images, videos, text, and audio in seconds. But as these systems improve, they increasingly raise a difficult legal question: what happens when an AI model generates content containing someone else’s intellectual property – especially recognizable brands, logos, or fictional characters?

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Intellectual Property

Important Considerations for Assessing the Likelihood of Confusion of Trademarks with Foreign Terms

To determine whether a trademark is registrable or whether it infringes the trademark rights of a senior trademark owner, the U.S. Patent and Trademark Office (“USPTO”) and courts, respectively, weigh various factors, called the “du Pontfactors,” to assess whether a likelihood of consumer confusion exists between the trademark and another mark, i.e., whether consumers would confuse the goods and/or services provided under the respective marks as coming from the same source.

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Health Law

SB 25-041 Concerning Consumer Protections in Transactions Involving Medical Care Entities.

Colorado’s 2026 legislative session is now underway, with several key bills introduced affecting healthcare providers and facilities. One bill that should be top of mind for healthcare stakeholders is SB 26‑041, concerning Consumer Protections in Transactions Involving Medical Care Entities (“SB 41”). If passed, SB 41 would have substantial impacts upon Colorado’s healthcare transaction landscape.

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Emerging Technologies

Law Firms Are Not Dead Yet! (But the billable hour might be close)

Almost three years ago, I wrote a blog post for our firm entitled “Will Artificial Intelligence Kill All the Lawyers?” The premise of the post was that, for more than ten years at the time (now thirteen), lawyers were considered the most likely endangered species from advances in artificial intelligence. Given the increasing discussion about AI today, the time seems right to revisit that original prediction.

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