Eric Goldman

JUNE 26, 2023

Defendants partially develop content by “ materially contributing to its alleged unlawfulness.” Some possible reasons why: The 2008 en banc ruling functionally became dicta in 2012 when the Ninth Circuit held that Roommates.com never touched illegal content at all. This exclusion is implicated by this case.

Court 111

Court Judge Defendant Lawyer 111

Eric Goldman

AUGUST 11, 2023

The court recognizes the potential havoc this ruling could cause and tries to mitigate the damage: The Court is not opining that, in any instance in which a defendant sends an email giving notice of updated terms and a plaintiff continues to use the defendant’s service, the inquiry notice test has been satisfied.

e-records 98

e-records Court Law Law 98

Attorney at Work

OCTOBER 11, 2022

As a reminder, contingent fees are expressly prohibited in many domestic relations matters and when representing a defendant in a criminal case. Whether a lawyer is engaged to draft a will or defend an alleged crime, a written agreement spelling out the work to be done, the consideration to be paid, and the timing of both is a wise practice.

Estate planning 111

Estate planning Court Lawyer Defendant 111

Eric Goldman

JANUARY 25, 2024

2012), Docket No. 2d 316, 319 (1953) (invalidating trial court’s interpretation of land purchase agreement as binding the defendant to pay all land assessments without time limitations). The 2009 Facebook Terms included the following clause: “accessing or using our website. signif[ies] that you. agree to be bound by these Terms.

Judge 98

Judge Court Defendant Litigator 98

The Barrister

FEBRUARY 16, 2023

Some jurisdictions mimic defamation cases where the plaintiff has to be categorized as a public figure, public official, or private figure, and that if the plaintiff is a private figure, he/she must prove the defendant acted with, at least, negligence. Prosser, Privacy , 48 CAL. 5] RESTATEMENT (SECOND) OF TORTS § 652E (1976). [6]

Court 52

Court Defendant Law Law 52

Joshua Gilliland

JANUARY 7, 2016

The Court sanctioned the Defendants with a “permissive inference” instead of a “mandatory adverse inference.” Stinson , at *10-11, referencing Floyd v. City of New York, 283 F.R.D. 153, 164-66 (S.D.N.Y. The parties further battled over the scope of the duty to preserve.

Litigator 52

Litigator Litigation e-discovery e-filing 52

Eric Goldman

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). He served one prison term from 1989 to 2008, and another from 2012 to 2015.

Court 105

Court e-discovery Defendant e-filing 105

Eric Goldman

FEBRUARY 22, 2024

The court recaps past cases: the crux of the financial benefit inquiry is whether a causal relationship exists between the infringing activity and a financial benefit to the defendant. But in every case, the financial benefit to the defendant must flow directly from the third party’s acts of infringement to establish vicarious liability.

Defendant 119

Defendant Court Failure-to-appear Lawsuit 119

Attorney at Work

JUNE 23, 2022

My first knowledge that a complaint had been filed came by certified letter in 2012 — six years later — from the Iowa Supreme Court Client Security Board, which is charged with policing the professional interactions of Iowa’s 7,500 attorneys. The State Bar Complaint Arrives.

Failure-to-appear 124

Failure-to-appear Attorney Defendant Lawyer 124

Legal Tech Monitor

APRIL 27, 2023

Many of these defendants were minors and people who accidentally shared files. A well-known example is Prenda Law, which was accused of targeting individuals for allegedly downloading copyrighted adult films, using intimidation and threats of public embarrassment to pressure defendants into settling.

e-filing 52

e-filing Law Law e-records 52

Eric Goldman

JANUARY 9, 2025

If the YOLO promise-based exclusion to Section 230 stands up, plaintiffs will have no problem tendentiously parsing a defendant’s site disclosures to find something– anything –as the anchor for a promise-based claim that bypasses Section 230. The early rounds have not gone well for the defendants in many cases.

Law 102

Law Law Court Lawsuit 102