Welcome

Welcome2025-09-11T16:51:19-04:00

Josh Waterston headshotMy mission is to strengthen your business, ensure compliance with privacy laws, HIPAA, AI laws, and protect you while enabling you to contract with vendors and new customers. My main areas of practice are technology law, intellectual property law, and business law. I can help you grow your business, including guiding you through negotiations with business partners and vendors, advising you on how to protect your brand and trade secrets, and keeping you up to date on the latest privacy and cyber security requirements.

My goal is to help you identify your current and future needs, and to address issues that you may not have anticipated yet. I’ll listen to your challenges, concerns and ideas, provide honest advice, keep an open flow of communication, and be a strong, determined advocate for your interests.

I am licensed in Pennsylvania and am admitted to practice in all three Federal districts within the Commonwealth. My experience includes jury and non-jury trials, Pennsylvania Superior Court briefs and argument, and litigating and mediating cases in Federal court. Past areas of practice have included family law and criminal law. A more detailed biography is located here.

About Wilftek LLC

I am a Senior Attorney with Wilftek LLC, a technology and intellectual property firm based in the Philadelphia area which represents clients at various stages of their business development – from the initial spark of an idea, to building relationships with business partners and customers, to planning for strategic growth. We help clients protect their business, brand, and creative assets.

Josh Waterston headshotMy mission is to strengthen your business, ensure compliance with privacy laws, HIPAA, AI laws, and protect you while enabling you to contract with vendors and new customers. My main areas of practice are technology law, intellectual property law, and business law. I can help you grow your business, including guiding you through negotiations with business partners and vendors, advising you on how to protect your brand and trade secrets, and keeping you up to date on the latest privacy and cyber security requirements.

My goal is to help you identify your current and future needs, and to address issues that you may not have anticipated yet. I’ll listen to your challenges, concerns and ideas, provide honest advice, keep an open flow of communication, and be a strong, determined advocate for your interests.

I am licensed in Pennsylvania and am admitted to practice in all three Federal districts within the Commonwealth. My experience includes jury and non-jury trials, Pennsylvania Superior Court briefs and argument, and litigating and mediating cases in Federal court. Past areas of practice have included family law and criminal law. A more detailed biography is located here.

About Wilftek LLC

I am a Senior Attorney with Wilftek LLC, a technology and intellectual property firm based in the Philadelphia area which represents clients at various stages of their business development – from the initial spark of an idea, to building relationships with business partners and customers, to planning for strategic growth. We help clients protect their business, brand, and creative assets.

Contact Us For a Free Consultation

For a free legal consultation, call 610-544-8922 now, or use the form below.

Areas of Practice

Intellectual Property Law

Experienced in copyright, trademark, licensing, trade secret protection strategy, contract, and other areas of Intellectual Property law. Each area has its unique requirements. We can protect an owner’s rights, and protect a business’ ability to leverage and protect intellectual property rights.

Compliance, Cybersecurity, and Business Law

Businesses must comply with an increasing number of laws focused on protecting the privacy and security of customers, employees, and business partners. Insurance companies have successfully used non-compliance as a reason to not cover costly insurance claims. Hope is not a legal strategy – find out what your compliance requirements are, and whether you are meeting those requirements. We can set up or review your business structure and your employee and vendor agreements, to ensure that they meet your current and future needs.

Articles

First AI copyright infringement settlements – both within a week: Anthropic and Eleven Labs avoid risking billion-dollar valuations.

August 28th, 2025|Categories: Artificial Intelligence, Contracts, Copyright, Intellectual Property, Licensing|

Big news: Vacker v. Eleven Labs and Bartz v. Anthropic have settled. Why did they settle, and what does this mean for the other 46 AI copyright infringement cases currently pending? Vacker v. Eleven Labs: Aug. 20th Stipulation to Stay Proceedings Bartz v. Anthropic: Aug. 26th Order re: Settlement in Principle First, there are a few common themes: The alleged copyright infringement was blatant and intentional The companies faced both reputational and financial harm Both [...Read More...]

Judge: Meta Wins but Transformative Element of Fair Use Doesn’t Outweigh Market Impact

June 26th, 2025|Categories: Artificial Intelligence, Contracts, Copyright, Intellectual Property, Licensing|

"Every battle is won before it is ever fought." - Sun Tzu. Meta just won an early skirmish in the battle over whether AI training is fair use - but AI companies may end up losing overall if they focus on only the transformative element of copyright law's fair use test without addressing the market impact. Judge Chhabria's June 25, 2025 Order in Kadrey v. Meta Yesterday, in Kadrey v. Meta, Judge Chhabria [...Read More...]

This is Not Mocha Mousse

April 18th, 2025|Categories: Intellectual Property, Licensing|

This is definitely not Mocha Mousse (Pantone 17-1230) The color you’re seeing in this image may look like Pantone’s 2025 Color of the Year, Mocha Mousse. It might even share the same hexadecimal value, straight from Pantone’s official Connect platform. But it’s not Mocha Mousse. Why not? Because unless you’ve licensed Pantone’s color system, or are using tools that have, you can’t officially use that color in design work. And for businesses, that [...Read More...]

Congratulations to Josh Waterston and Lewis Sorokin on receiving the Artificial Intelligence Governance Professional certification

October 23rd, 2024|Categories: Artificial Intelligence, Intellectual Property|

Wilftek is pleased to announce that Josh Waterston and Lewis Sorokin have each earned Artificial Intelligence Governance Professional certifications from the International Association of Privacy Professionals (IAPP). AI governance professionals are tasked with the critical responsibility of evaluating AI, integrating relevant standards and best practices, and developing and implementing strategies for compliance with applicable laws and regulations. With the global expansion of AI technology, there is a rapid, cross-industry need for these professionals to understand [...Read More...]

USPTO AI Guidance for Lawyers: You can use AI – but don’t blame it for your mistakes.

May 17th, 2024|Categories: Artificial Intelligence, Intellectual Property|

Today, the USPTO issued its new guidance on using AI. This is for lawyers and others who practice before the patent and trademark office, and builds upon its internal guidance from this past February. The document is "Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office", released this morning (Press release here / draft Federal Register notice here), and is similar to its internal guidance to the PTAB and TTAB on [...Read More...]

AMC to Pay $8 million for Disclosing Users’ Viewing Histories

February 16th, 2024|Categories: Privacy|Tags: , , |

The 1998 Video Privacy Protection Act is very much alive and well. It was originally passed in response to Judge Bork’s video rental history being shared with the public during his unsuccessful Supreme Court nomination hearings, and it also applies to modern-day streaming services. Of course, data brokers and advertisers can still monetize the heck out of your data; that’s just the American way… https://arstechnica.com/tech-policy/2024/02/amc-to-pay-8m-for-allegedly-violating-1988-law-with-use-of-meta-pixel/ Photo 178262595 | Amc © Erik Lattwein | Dreamstime.com

The King is Dead – Long Live the King

February 8th, 2024|Categories: Intellectual Property|

What happens when you depend on a platform or device and the company behind it moves on without you? Google is retiring the Bard name and releasing Gemini as both a chatbot and successor to Assistant, which it has used for its smartphones and smart home speakers. Coincidentally, it has begun deprecating certain features built in to Assistant, which is probably upsetting anyone with an old device. As someone who has experienced smart devices [...Read More...]

Josh Waterston is Now a Certified Information Privacy Professional (U.S.)

December 29th, 2023|Categories: Privacy|

I am pleased to announce that I am now a Certified Information Privacy Professional (U.S.), a certification provided by the International Association of Privacy Professionals. My firm and I regularly advise clients on privacy matters. I’ve drafted privacy policies and privacy statements, and have advised clients on biometric privacy requirements, texting and telemarketing requirements, and more. I work on client agreements where the parties have to protect personal data, including sensitive personal data (including PHI). [...Read More...]

Confused about privacy compliance?

The European Union’s GDPR and California’s CCPA aren’t the new kids on the block anymore.

In just a few years, 19 states passed comprehensive data privacy laws, all of which will be in effect by January 1, 2026.

Did you know: the criteria for whether a state’s privacy law applies to your business varies widely between the states. It depends on the type of business, type of data, number of consumers affected, and other factors.

GDPR

Recognized as the privacy standard outside the U.S., used as a template for other countries' privacy laws

GDPR

The E.U.’s General Data Protection Regulation went into effect in 2018, and remains the leading privacy standard.

California's CCPA

Recognized as the leading state privacy law in the U.S. - but 18 states have taken a different approach

CCPA

The California Consumer Privacy Act (CCPA) is the leading privacy standard for the U.S., though it only applies to California residents.

The CCPA has protections on selling and sharing data, and is enforced by a new agency: the CPPA (no, not a typo!)

Do you know how CCPA, GDPR, new state data breach laws, and the FTC’s regulations affect your business?

Contact us today for a free consultation.

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    Please note that using this form does not create an attorney-client relationship. It does help us begin a conversation with you so that you can decide whether to engage our firm. We look forward to being in touch.

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