Eric Goldman

MAY 12, 2023

A batshit crazy concurrence questions “section 230(c)(1)’s constitutionality as applied to state defamation law” because the Constitution’s Commerce Clause power may not convey “the power to nationalize state common law defamation actions… The internet, and related e-commerce, can certainly be interstate in nature.

e-discovery 111

e-discovery Defendant Time-tracking Lawsuit 111

Eric Goldman

AUGUST 11, 2023

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. And I guess pink is overly distracting to this judge? HELLO UETA and E-SIGN.

e-records 98

e-records Court Law Law 98

Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

Court 106

Court e-discovery Defendant e-filing 106