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Monday, March 18, 2024

Obtaining a Social Security Number as a Non-Immigrant

 To obtain a Social Security Number (SSN), noncitizens must be authorized to work by the Department of Homeland Security (DHS); however, a noncitizen not authorized to work does not need an SSN. An SSN is used to report wages and determine a person’s eligibility for social security benefits to collect or receive other government services. An SSN is unnecessary to get a driver’s license, register for school, get private health insurance, or apply for school lunch programs or subsidized housing. Most companies like banks or credit card companies do not require a person to provide a SSN because their identity can be proven differently.

        A non-immigrant may apply for an SSN on their immigrant application if they are lawfully present in the U.S. and plan to apply for work authorization from DHS and U.S. Citizenship and Immigration Services (USCIS). They may also apply for an SSN by visiting a Social Security Office in person if their visa status allows them to work. 

           To apply for a SSN a person must prove their identity, work-authorized immigration status, age, and have a completed application. They can prove their identity and work-authorized immigration status by showing their current U.S. immigration documents, unexpired foreign passport,s or other acceptable documents. An individual’s foreign birth certificate can be used to prove their age or they may bring other documents such as an unexpired passport or any DHS-issued documents. Lastly, a completed Social Security Card application, Form SS-5, is required. 


If a non-immigrant is not authorized to work by DHS, they may still apply for an SSN. However, it must be for a valid non-work reason. This could include a state or federal law requiring a non-immigrant to have an SSN to receive benefits they were already entitled to. In most cases, the service or license being sought after can be attained without an SSN. Lastly, it is important to note an SSN given for a non-work purpose may not be used to work in the U.S.


           The best time to apply for an SSN is 10 days after arriving in the U.S. This makes verifying DHS documents online easier and speeds up the processing time. There is no cost for applying for an SSN.





Amber Sullivan, Law Clerk, BridgehouseLaw Charlotte

image: dreamstime

Monday, March 04, 2024

ChatGPT

As I mentioned in my previous article, the different cases and repercussions of ChatGPT have been updated. There are both positive and negative updates for OpenAI in the different cases they are involved with this year.



On the positive side, (https://www.wmar2news.com/judge-sides-partially-with-openai-over-chatgpt-copyright-claims) U.S. District Judge Araceli Martínez-Olguín, a California federal judge, dismissed the majority of copyright claims that a group of authors had. The plaintiffs, which included authors like comedienne Sarah Silverman and novelist Paul Tremblay, are said to have not included enough evidence to prove that ChatGPT had been trained with their writings to formulate its responses. According to different reports, this has been deemed as very similar to decisions by other federal judges. Despite this, Judge Martínez-Olguín allowed the authors to amend their complaint by March 13 establishing that ChatGPT violated their copyright by copying their books without permission. We are still waiting for many other cases in this saga, so it is important to stay alert to them.


Despite this, OpenAI was dealt a blow in their trademark case with the United States Patent and Trademark Office (“USPTO”) by not allowing them to use the term “GPT” as a trademark (https://www.analyticsinsight.net/openai-loses-the-battle-for-gpt-trademark/). For a trademark to be registered, it needs to be unique enough that, in the mind of the consumers, there is a link between the product and its provider. The USPTO ruled against their application, emitting their Final Office Action on February 9. In it, they establish that the trademark “ChatGPT” is not distinctive enough to be a trademark because the main components of the mark, that is “Chat” and “GPT” are both descriptive of what the service given is. For context, “GPT” is an acronym that refers to “generative pre-trained transformer”. With the Final Office Action, OpenAI as an entity, has its options limited for protecting its branding on the ever-so-popular program, although the overall effects of this on its business model are still to be determined.


As I mentioned before, Artificial Intelligence is one of the most contentious points for the legal world and OpenAI’s efforts will, without a doubt, carve out the path by which we will move in the future.


José Portabella, Abogado, BridgehouseLaw Charlotte

image: adobe

Friday, March 01, 2024

AI Lawsuit against Air Canada

 Air Canada paid $812.02 in damages and court fees to a passenger after losing in small claims court. The passenger bought a plane ticket after confirming with Air Canada’s Chatbot that the airline offers reduced bereavement fares when traveling due to imminent death or a death within a person’s immediate family. When the passenger pursued a full refund, he was denied and only offered a $200 flight voucher because of a discrepancy between the airline’s Chatbot answer and the actual policy. Air Canada explained that Chatbot’s answer included a link to the airline’s bereavement fares policy which states that the policy does not apply retroactively.

Air Canada attempted to explain that the chatbot was a separate legal entity that should be held responsible for its actions. However, the Tribunal did not find this argument persuasive and stated the passenger’s claim constituted negligent misrepresentation by Air Canada. The Tribunal explains that Air Canada did not demonstrate why it should not be held liable for information provided by their agents, representatives, or chatbots. The Tribunal further stated the chatbot was part of Air Canada’s website and it is obvious the airline is responsible for all information available via their website. Air Canada should have taken “reasonable care” to ensure the chatbot was accurate with the information it was releasing.



Overall, Air Canada failed to demonstrate why the webpage for their bereavement travel was more trustworthy than the chatbot's answer, why the customers should double-check information, and why the airline should not be held liable for the information AI released. This ruling could set the precedent for an airline’s liability regarding the performance of its AI systems.


This case has drawn substantial attention to whether consumer rights will be protected against AI’s vulnerability to hallucinations. Since AI perceives patterns or objects that are nonexistent or imperceptible to human observers, it will sometimes generate answers and outputs that are nonsensical or altogether inaccurate.


This controversy further pointed out airlines’ vulnerability to liability when AI misinforms customers due to handling significant transactions despite not being financial institutions. The U.S. Consumer Financial Protection Bureau (CFPB), which monitors AI and its impact on consumer rights regarding technology, found that chatbots are good at answering simple questions; however, as the situation or question becomes more complex the effectiveness of AI begins to wane. Financial institutions risk violating legal obligations, eroding customer trust, and causing consumer harm when deploying chatbot technology. Airlines must continue to comply with federal consumer financial laws due to security risks and privacy concerns.


Amber Sullivan, Law Clerk, BridgehouseLaw LLP, Charlotte

image: dreamstime

Friday, February 09, 2024

Embracing Change: BridgehouseLaw's Decision to Shift to an Unlimited Paid Time Off (UPTO) Policy

 In response to the evolving landscape of work-life balance and the post-Covid dynamics, BridgehouseLaw's Charlotte, North Carolina office has undergone a substantial policy transformation, notably transitioning from a traditional Tiered Vacation system to a more progressive Unlimited Paid Time Off (UPTO) policy.

Recognizing the Need for Change: Extensive research, analysis of progressive industry practices, countless meetings, and careful consideration of pros and cons over nearly six months highlighted that the existing policies were no longer aligned with the needs of the firm and its employees. The decision to adopt UPTO stemmed from a desire to address burnout, enhance overall well-being, adapt to the modern work environment, and position the policy as a strategic recruitment tool.


Inclusivity at the Core: A central tenet of this innovative policy is its inclusivity. All employees completing one year of service with the firm become eligible for Unlimited Paid Time Off (UPTO). New team members are also granted ten days of paid time off after their initial 90 days, gaining eligibility for UPTO privileges upon completing their first year.


Benefits of a UPTO Policy: Beyond being a mere shift in time-off accrual, the UPTO policy represents a dedicated investment in the holistic well-being of employees. The policy aims to elevate job satisfaction and morale by promoting responsible time management and accountability. It further serves as a strategic recruitment tool, attracting top talent with the promise of a progressive approach to professional life.


Streamlined Procedures: Navigating the UPTO policy is intentionally designed to be seamless. Employees can efficiently plan their time off by utilizing the Employee Portal—an internal, user-friendly platform centralizing various HR functions. This ensures transparency and efficiency in managing time-off requests and enforces responsible use, incorporating limits on consecutive days off unless approved by management. Regular performance reviews are seamlessly integrated, serving as evaluative tools and proactive measures to address concerns before escalation.


Efficient Workload Management: A pivotal aspect of UPTO's success is efficient workload management. Employees are encouraged to coordinate their time off through the Employee Portal, fostering collaboration and communication. The emphasis on time management extends to training opportunities provided by the company, catering to those who may benefit from additional skills. The proactive approach includes advance vacation planning and preventing last-minute disruptions.


Mitigating UPTO Abuse: Recognizing the potential for misuse, the policy outlines clear consequences, from suspension to permanent loss of UPTO privileges. In cases of abuse, employees may revert to a tiered Vacation/PTO system based on years of service. This safeguard ensures responsible use, maintaining fairness and productivity.


BridgehouseLaw's decision to adopt Unlimited Paid Time Off signifies a commitment to cultivating a healthier and more productive work environment. Aligned with evolving workforce needs, the firm aims to attract and retain top talent, foster responsible time management, and contribute to a positive work culture. Recognizing the unique challenges across industries, implementing this policy makes sense. It reflects BridgehouseLaw's dedication to embracing a post-Covid world and providing an improved work-life balance for its employees.


In conclusion, BridgehouseLaw invites businesses to explore enhancing their policies, Company Handbook, Standard Operating Procedures (SOPs), and more. Our team is ready to tailor solutions to your specific needs, ensuring alignment with the demands of the modern workforce. Please contact BridgehouseLaw today to start crafting policies that foster a thriving and adaptable workplace culture. Your customized approach to employee well-being and operational efficiency starts here.


Dathan D'Agostino, Office Manager, BridgehouseLaw LLP, Charlotte

Tuesday, January 23, 2024

Bundestag approves new Citizenship Law

On Friday, January 19, 2024, the German parliament passed a new law that will make it easier to become a German citizen. It also will allow Germans to hold multiple citizenships without applying for the Beibehatungsgenehmigung.

The new law is expected to go into effect in April or May.

Thursday, January 18, 2024

The NFL Touchdown in Germany: A Growing Love for American Football

American football has always been more than just a sport – it's a cultural phenomenon, an event that brings people together, and a spectacle that captivates millions. The National Football League (NFL) is at the heart of this passion. This organization has taken its game beyond American borders, spreading the thrill of American football across the globe.

In Germany, American football was a particular interest reserved for enthusiasts seeking it out. However, we've witnessed a significant transformation over the past few decades. American football, a sport deeply embedded in American culture, has found a new home in Germany. Recognizing the growing interest, the NFL devised a strategic plan to introduce specific teams to different countries. In this venture, Germany proudly welcomed five teams: the Atlanta Falcons, the Tampa Bay Buccaneers, the New England Patriots, the Kansas City Chiefs, and our home team, the Carolina Panthers.

 

The NFL International Series has been a game-changer. Since 2022, Germany has been hosting games as part of this series, allowing fans to witness the excitement up close. The iconic Allianz Arena in Munich and Deutsche Bank Park have become the battlegrounds, witnessing clashes between Tampa Bay Buccaneers, Seattle Seahawks, Kansas City Chiefs, Miami Dolphins, New England Patriots, and the Indianapolis Colts.


The response has been overwhelming. Tickets for these games sold out within minutes, underscoring the rapidly growing popularity of American football in Germany.


The NFL's approach goes beyond the games themselves. Recognizing the growth potential, the league has allowed certain teams to market themselves in specific countries freely. This has resulted in an unprecedented connection between fans and teams in Germany, with each game enhancing the bond and expanding the NFL's reach.

 

While the revenues in Germany are still catching up to the colossal figures generated in the USA, the NFL sees this venture as an investment. Logistics costs remain a challenge, but with every game, the fanbase grows, and the potential for revenue and profits expands exponentially.

 

As we look forward, the NFL plans more exciting games in Germany. The game scheduled for late 2024 at Allianz Arena Munich promises another blockbuster event.

In conclusion, American football has not just scored touchdowns on the field in Germany; it has scored the hearts of fans, becoming an integral part of the sporting landscape. As the excitement continues, we can only expect the NFL's presence in Germany to reach new heights.

 

Stay tuned for more thrilling moments on and off the field!


Marius Krause, Law Clerk, BridgehouseLaw Charlotte

Image: ConstantContact

Monday, January 15, 2024

AI owning Art?


Artificial Intelligence has been taking over the world. This new type of technology has created a deep shock in the general culture of the entire world. One of the important points that has been debated is the ownership of this type of work. Who created the work? As I mentioned in my previous article, copyright law protects humanity's creativity by giving them ownership over the work they create.


With this new technology, where a third party is given prompts that create a “creative work,” a question must be asked – who made the art? Was it the person who inputted the commands for the released image? Or was it the people who created and programmed the Artificial Intelligence of the owners? Can the Artificial Intelligence in itself be the owner of the work? These questions created by this new type of technology still need to be answered through a new regulation.


Recent history has shown the lengths to which this type of technology has tried to push the boundaries of copyright law. In the US, Kris Kashtanova attempted to get the comic book Zarya of the Dawn protected by the US Copyright Office. She wrote the story and asked Midjourney, an artificial intelligence, to draw the image. The US Copyright Office defended only the story and not the images because there was no “human authorship” in the images (https://arstechnica.com/information-technology/2023/02/us-copyright-office-withdraws-copyright-for-ai-generated-comic-artwork/). In Germany, a photographer, Boris Eldagsen, refused a prestigious award for winning the Sony World Photography Awards with a picture that he “cheekily” created using Artificial Intelligence (https://www.theguardian.com/technology/2023/apr/17/photographer-admits-prize-winning-image-was-ai-generated). In The Netherlands, “The Next Rembrandt” was commissioned by ING Groep NV and created by Artificial Intelligence based on the styling and work of the 1600 artist, using data and facial recognition of 346 of his paintings (https://www.ing.com/Newsroom/News/Rembrandt-goes-digital-.htm). 


There needs to be more clarity in the legislation about the authorship of these types of works. The European regulation has established that any generative AI system must publicly disclose a detailed summary of the works used to train the AI. In the US, the Copyright Office has issued a Notice of Inquiry to determine the need for regulation or legislation.


We are at an unprecedented moment as this new technology has come to disrupt the status quo of creative works. The effects of whatever legislation is enacted will have both supporters and detractors, so it is essential to try and understand the reaches of all to see who really will be considered the “author” of an AI-created work.


José Portabella, Abogado, BridgehouseLaw Charlotte

Image: iStock