It looks like Anthropic is stuck again between a rock and a hard place. Parties typically are reluctant to waive attorney-client privilege in any context. But, asserting a defense of reliance on advice of counsel would waive the privilege to the relevant advice. But Judge Alsup goes even further and instructs Anthropic to show cause … Continue reading The dilemma over whether Anthropic is raising an advice of counsel defense, and if Anthropic must reveal attorney-client communications to support its innocent infringement defense to try to reduce statutory award to $200 per work