The Innovation Attorney Podcast

27:32

SpaceX Orbital AI Data Centers

The Innovation Attorney Podcast ·

2026/08/28

Executive SummarySpaceX reported 7.8 billion dollars in second quarter 2026 revenue on August 4, 2026, and confirmed a Federal Communications Commission filing for up to one million orbital data center satellites. The company’s first earnings report since its public listing showed total revenue up 92 percent year over year, with a new artificial intelligence compute segment contributing 2.561 billion dollars in revenue against a 1.257 billion dollar operating loss. That segment traces to the January

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36:32

The POW as a Weapon

The Innovation Attorney Podcast ·

2026/08/27

The United States Army concluded on 15 May 1956 that Communist captors in North Korea broke American prisoners through repetition, harassment, and humiliation, not through torture or brainwashing. Seventy years later that finding describes the working method of the Islamic Revolutionary Guard Corps, Hezbollah, the Islamic State, Boko Haram, the Houthi movement, Hamas, the Russian detention system, and the public security organs of the People’s Republic of China. The three techniques have not changed

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18:02

Right to Repair Compliance: Apple, Parts Pairing, and...

The Innovation Attorney Podcast ·

2026/08/19

California’s SB 244 Forces Apple to Rethink Repair Restrictionshow did california right to repair law change apple repair policyApple spent 2022 defending a lawsuit in Santa Clara County accusing it of threatening warranty coverage over third party repairs, and by August 2023 the same company was writing to California legislators to endorse Senate Bill 244, the state’s new Right to Repair Act. That reversal did not happen because Apple’s engineering changed its approach to parts pairing. It happened

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14:52

The Backyard Reactor

The Innovation Attorney Podcast ·

2026/08/19

THE ATOMIC BOY: DAVID HAHNA Factual Research Report on Conduct and ResponseThe Innovation Attorney | March 2026A. Executive SummaryIn the early 1990s, David Charles Hahn, a teenage Boy Scout from Commerce Township, Michigan, conducted a series of increasingly ambitious and dangerous radioactive experiments in a backyard shed, ultimately attempting to construct a working neutron source with the goal of demonstrating a homemade breeder reactor. Hahn obtained radioactive materials from consumer

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19:07

So, You Didn't Read the NDA

The Innovation Attorney Podcast ·

2026/08/13

This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit theinnovationattorney.substack.com/subscribe

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17:15

Beyond Convenience: The Measured Toll of...

The Innovation Attorney Podcast ·

2026/08/12

This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit theinnovationattorney.substack.com/subscribe

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12:25

Shifting the Burden: AI Vendor Indemnification for...

The Innovation Attorney Podcast ·

2026/07/29

Indemnification clauses covering training data, not just model output, are the specific language shifting AI copyright liability to vendors, a shift exposed by the $1.5 billion Bartz v. Anthropic settlement of August 2025. Anthropic’s commercial terms define a covered Customer Claim to include the data Anthropic used to train the model, not merely the output the model produces. Google’s Generative AI Indemnified Services terms take the same two pronged approach, indemnifying both the training data

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16:02

Closing the Series A IP Gap: Founder Code, AI...

The Innovation Attorney Podcast ·

2026/07/29

A Series A term sheet stalls when diligence counsel finds GPL code an AI assistant pulled from public repositories central to the nine billion dollar Doe v. GitHub copyright suit. The same clause that decides code provenance also decides who owns the invention: a present tense assignment signed at incorporation controls, a promise to assign later does not. Both defects are curable before the term sheet is signed. Neither is curable after.Two failure patterns account for nearly every intellectual

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12:03

Securing the Stack: How Founders Clear IP Gaps Before...

The Innovation Attorney Podcast ·

2026/07/29

In March 2024, the Securities and Exchange Commission fined two investment advisers, Delphia (USA) Inc. and Global Predictions Inc., a combined 310,000 dollars for telling investors their artificial intelligence did more than it actually did. Two years later, that enforcement logic has moved from the asset management industry into the venture capital term sheet. A founder who cannot document what a third-party large language model vendor does with customer data, which state privacy statutes apply to

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9:27

The Founder’s Guide to Reverse Vesting and Company...

The Innovation Attorney Podcast ·

2026/07/29

Institutional investors are treating a written founder vesting schedule with a one year cliff, tracking NVCA Investor Rights Agreement Section 5.3, as a condition to closing a priced round in 2026. A lead investor’s term sheet increasingly lists a signed restricted stock purchase agreement among the conditions to closing rather than as a side letter to negotiate after the wire lands. Founders who never documented vesting, or whose shares fully vested years before this round, are the ones asking what

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19:55

Restarting the Nuclear Fuel Cycle

The Innovation Attorney Podcast ·

2026/07/28

Tennessee, Utah, Oklahoma, Louisiana, and Idaho have each signed a non binding agreement with the Department of Energy to host a Nuclear Lifecycle Innovation Campus, a facility combining uranium enrichment, fuel fabrication, spent fuel research, and waste storage on one site. The Department expects to narrow the five contenders to three finalists before the end of 2026. Utilities that have spent nearly three decades collecting Judgment Fund damages for spent fuel the federal government was

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10:36

The Duress PIN Dilemma: Federal Prosecution and the...

The Innovation Attorney Podcast ·

2026/07/28

Federal prosecutors in the Northern District of Georgia charged Samuel Tunick under 18 U.S.C. Section 2232(a) in November 2025, the first known application of that destruction of property statute to a phone’s self triggered data wipe. Tunick had entered a duress PIN built into GrapheneOS while Customs and Border Protection agents held his phone at Hartsfield-Jackson Atlanta International Airport, and the device erased its contents instead of opening. He faces up to five years in prison for using a

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11:31

The Delaware Supreme Court Unanimously Secures Clear...

The Innovation Attorney Podcast ·

2026/07/28

On February 27, 2026, the Delaware Supreme Court closed a fourteen month challenge to Senate Bill 21 and removed the last legal obstacle to a statute that Tesla chief executive Elon Musk had pushed for since the Court of Chancery voided his $56 billion pay package in early 2024. In Rutledge v. Clearway Energy Group LLC, the court held that amended Section 144 of the Delaware General Corporation Law is constitutional, that it does not strip the Court of Chancery of its authority to hear fiduciary

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12:49

Demystifying SAFEs in 2026: Most Favored Nation and...

The Innovation Attorney Podcast ·

2026/07/28

A most favored nation clause in a Simple Agreement for Future Equity can retroactively reprice an early, cheap SAFE down to match a lower cap issued months later in the same bridge, without a dollar of new cash entering the company. Most favored nation provisions now appear in 35 to 40 percent of pre-seed angel rounds, shifting a founder’s effective dilution by 15 to 40 percent depending on the gap between the earliest cap and the lowest cap in the bridge. The valuation cap on the SAFE itself never

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11:15

The Multi-State Privacy Compliance Trap

The Innovation Attorney Podcast ·

2026/07/28

Connecticut Senate Bill 1295, Arkansas House Bill 1717, and Utah House Bill 418 take effect July 1, 2026, each imposing a distinct data minimization and profiling disclosure standard. A single data protection assessment built to Connecticut’s new profiling impact assessment content list will not by itself satisfy Arkansas’s minor specific minimization duty, and it will be surplus paperwork under Utah’s narrower amendment, which adds only a right to correct. A software as a service company collecting

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15:34

Espionage, Subversion, and the Influence Network...

The Innovation Attorney Podcast ·

2026/07/28

Cuba’s Long War: How Ideological Recruitment Defeated U.S. Counterintelligence for Six DecadesThe longest confirmed foreign spy placement in U.S. history did not end with a dramatic arrest at a dead drop. It ended when Victor Manuel Rocha, a former National Security Council official and U.S. Southern Command adviser, was taken into custody in December 2023, approximately 50 years after the Direccion de Inteligencia recruited him in Chile.The U.S. government has confirmed penetrations of the National

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11:44

Earnouts, Post Closing Data Restrictions and Founder...

The Innovation Attorney Podcast ·

2026/07/28

Christopher Gray’s April 13, 2026, complaint against SLM Corporation in Delaware Superior Court accuses Sallie Mae of building a non bank subsidiary to sell student data the bank could not lawfully sell on its own, and it names Gray’s own termination as the response that followed his objection. Gray sold his scholarship search company, Scholly, to Sallie Mae in July 2023. He alleges that a year later, after he raised internal concerns about a subsidiary called SLM Education Services, he was fired

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13:17

Rewriting the SaaS Agreement for the Age of Agentic AI

The Innovation Attorney Podcast ·

2026/07/28

An April 2026 client alert on negotiating AI provisions in commercial and technology contracts concluded that a generic AI disclaimer no longer satisfies an enterprise buyer, and that model update, output accuracy, and data use terms now belong inside the signed customer agreement rather than a linked policy page. The finding matters because most SaaS master agreements were built for a passive tool a human reviewed before acting on it, not for an agentic feature that executes a workflow on its own

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12:25

Surviving the EU AI Act Timeline Shift: Your...

The Innovation Attorney Podcast ·

2026/07/28

On 24 July 2026, the Official Journal of the European Union published Regulation (EU) 2026/1744, the Digital Omnibus on Artificial Intelligence. It amends Regulation (EU) 2024/1689, the AI Act, and it does one thing that matters more than anything else in the amendment. It moves the compliance date for the bulk of the high risk system regime from 2 August 2026 to 2 December 2027 for stand alone systems listed in Annex III, and to 2 August 2028 for artificial intelligence embedded in products already

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11:22

Beyond Copyright: The New AI Vendor Contract...

The Innovation Attorney Podcast ·

2026/07/27

A startup owns AI generated outputs and blocks vendor training on its data only through explicit contract clauses, since Thaler v. Perlmutter held copyright does not cover machine generated content. Ownership of an AI output is a function of contract, not copyright: the operative protection is an unconditional assignment clause that survives termination, paired with a training prohibition that reaches the vendor’s own definition of aggregated or deidentified data. Most enterprise AI tiers already

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