Eric Goldman

NOVEMBER 27, 2024

The flagship law in this area is the Consumer Review Fairness Act, enacted by Congress in 2016. At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. This pernicious business practice emerged around 15 years ago.

Defendant 78

Defendant Law Law Court 78

Eric Goldman

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS. The 2016 TOS provided an opt-out for the arbitration provision, but Jackson didn’t exercise it. Nor did the court have other evidence that might allow it to assess notice, such as a description of the email.

Court 105

Court Judge Lawsuit e-discovery 105

Eric Goldman

JUNE 4, 2023

The court easily dismisses per Section 230: ICS Provider. Numerous courts have held Google is one. ” The court summarizes: “Google has immunity from her state law claims, as it cannot be held liable for search engine results showing a third party’s statement.” This court repeatedly cites the Kabbaj case.

Law 75

Law Law Court State law 75

Eric Goldman

JUNE 18, 2023

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” ” Enigma challenged Malwarebytes’ classifications in court. ” NOT HELPFUL.

Court 106

Court Software Judge Litigator 106

Eric Goldman

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” ” The district court granted summary judgment to IJR. The appeals court doesn’t see it.

Court 106

Court Defendant Judge Attorney 106

Eric Goldman

AUGUST 1, 2023

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). Supreme Court. Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023). The Facts The facts are relatively straightforward.

Defendant 98

Defendant Court Litigator Litigation 98

Eric Goldman

JUNE 16, 2023

The first is the 2016 Second Circuit FTC v. LeadClick decision , which said: “Courts typically have held that internet service providers, website exchange systems , online message boards, and search engines fall within this definition.” Zotos appeared first on Technology & Marketing Law Blog.

Defendant 98

Defendant Litigator Litigation Court 98

Eric Goldman

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. The court is unmoved: “This provision clearly prohibits or restricts the ability of a Solar Titan customer to engage in a covered communication in violation of the CRFA.”

Court 81

Court Lawyer Law Law 81

Eric Goldman

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). However, as we know, courts routinely and predictably make errors when ruling on ex parte motions, so any additional legislative embrace of ex parte procedures is always fraught with peril. Fortunately, the district court rejected the DTSA ex parte seizure request.

Defendant 98

Defendant Court Litigator Litigation 98

Eric Goldman

JANUARY 11, 2024

I previously blogged this case in 2022. She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. The court dismisses them all. To me, the phrase is an oxymoron–courts can’t just randomly manufacture agency relationships.

Defendant 98

Defendant Court Litigator Litigation 98

LawSites

DECEMBER 29, 2021

Here are my prior years’ lists of the most important developments: 2020 , 2018 , 2016 , 2015 , 2014 , 2013. Do courts fully reopen or not? Also last year, the Minnesota Supreme Court approved a pilot project to permit “legal paraprofessionals” to provide legal services in certain matters.

Legal tech 145

Legal tech Legal tech Practice management e-filing 145

Eric Goldman

AUGUST 11, 2023

The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases. Sadlock v.

e-records 98

e-records Court Law Law 98

Eric Goldman

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

Law 112

Law Law Court Intellectual Property 112

Eric Goldman

JUNE 15, 2024

(Long-time readers may recall that this blog had a several-year arrangement with ShutterStock to use their stock photos to illustrate blog posts; that arrangement ended in 2016). The court’s discussion of the topic: Offensive images can contribute to a hostile work environment. –Thompson v.

Court 75

Court Lawsuit Judge Law 75

Eric Goldman

JUNE 23, 2024

The green “upgrade now” button plays a key role in the court’s latest analysis: Enigma sued Malwarebytes for its classifications in 2016, back when Obama was still president. The Supreme Court denied Malwarebyte’s appeal. Today I’m blogging the district court decision after that remand.

Law 59

Law Law Court Software 59

Eric Goldman

DECEMBER 27, 2023

Trademark owner lost a jury trial, allegedly because the court’s instructions to the jury about initial interest confusion were not favorable enough to the rightsowner. Whether to accept that belief as credible is for a jury to decide, not a matter of law for the Court, and summary judgment must be denied.” March 29, 2023).

Defendant 98

Defendant Intellectual Property Court Attorney 98

LawSites

MARCH 22, 2022

Since 2015, she has served on the Illinois Supreme Court Committee on Equality. Wright Memorial Award for appellate advocacy in the Ames Moot Court Competition. Launched in 2016, the conference was one of the first in the state to explore future law, or trends that are impacting the trajectory of the legal profession.

Court 52

Court Litigator Litigation Legal education 52

The Barrister

NOVEMBER 8, 2023

Designed for first-time test takers, this blog post is divided into four parts: 1) how to create a National Conference of Bar Examiners (NCBE) account, 2) how to register for the MPRE, 3) a brief overview of the MPRE, and 4) study materials and study tips to prepare for the MPRE. states and territories except Puerto Rico and Wisconsin.

Law 52

Law Law Judge Court 52

Pillsbury Law Internet and Technology blog

JULY 12, 2024

The landscape began to shift in 2016 when the Supreme Court ( O’Bannon ) ruled that the NCAA’s bar on student-athletes profiting from the commercial use of their name, image, and likeness (NIL) violated federal antitrust law. The Carter/House/Hubbard Settlement’s Impact on NIL Several elements of the settlement directly impact NIL.

Court 52

Court Lawsuit Compliance Law 52

The North Carolina Journey of Law and Technology

FEBRUARY 1, 2024

In July of 2023, designers Krista Perry, Larissa Martinez and Jay Baron filed a complaint in California federal court, alleging that Shein’s “egregious intellectual property infringement” is “baked into its business model.” Additionally, Baron asserts that the mark “Trying my Best” is a source-identifier for him and his products.

Intellectual Property 52

Intellectual Property Lawsuit Defendant Court 52

LawSites

DECEMBER 29, 2021

Here are my prior years’ lists of the most important developments: 2020 , 2018 , 2016 , 2015 , 2014 , 2013. Do courts fully reopen or not? Also last year, the Minnesota Supreme Court approved a pilot project to permit “legal paraprofessionals” to provide legal services in certain matters.

Legal tech 52

Legal tech Legal tech Practice management e-filing 52

Richmond Journal of Law and Technology

NOVEMBER 27, 2023

10] Although the initial patent on Humira expired in 2016, thanks to the over 75 patents filed three years before its expiration, AbbVie is set to hold the monopoly until 2034. [11] 25] However, due to a 2013 Supreme Court decision in Federal Trade Commission v. 7] More than half of the top 12 selling drugs in the U.S.

Lawsuit 52

Lawsuit Intellectual Property Court Defendant 52

3 Geeks and a Law Blog

FEBRUARY 14, 2023

In 2016, I started a company called compass, which was built around a case file database that a small independent publisher in Canada, who was shutting down was making available and that gave us a chance to start working with Canadian case law with a view to doing what it is we’re doing right now.

Machine learning 130

Machine learning Case law Legal research Time-tracking 130

Debevoise Data Blog

OCTOBER 18, 2021

For purposes of these blog posts, we focus mainly on the former use case—matching a face to a specific person for identification purposes—rather than other use cases such as emotional evaluation and lie detection. The image is then turned into a biometric template that can be compared to another template in search of a match. See Vance v.

Law 52

Law Law Court Time-tracking 52

Legal Tech Monitor

FEBRUARY 1, 2024

93-02 (1993); CO Opinion 136 (2019); DC Bar Ethics Opinion 370 (2016). An individual who elects to try their former lawyer in the court of public opinion rather than before a tribunal and makes serious accusations that put confidential information at issue assumes the risk that such information will be disclosed in the lawyer’s response.

Attorney 52

Attorney Defendant Hearing Lawyer 52

Berkley Technology Law Journal

FEBRUARY 27, 2023

It even wrote me a funny Limerick about the Supreme Court: “ There once were nine judges supreme whose robes were a legal dream. And I think a poignant example of this is on February 22 of this year, Joshua Browder, who is the CEO of Do Not Pay was planning to use ChatGPT to defend a client in traffic court, here in California.

Machine learning 100

Machine learning Law Law Intellectual Property 100

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Court 124

Court Litigator Litigation Defendant 124

Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

Court 98

Court Failure-to-appear e-discovery e-records 98

Eric Goldman

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). Moreover, the US Supreme Court has resurrected a long-disused canon of statutory construction : The presumption against extraterritorial application of US statutes. Hetronic International Inc. ,

Court 75

Court Defendant Litigator Litigation 75

Eric Goldman

DECEMBER 27, 2024

Two prior blog posts on Bell’s litigation efforts: Fair Use Protects High Schools Use of Inspirational MemeBell v. The court opinion includes a screengrab of the tweet (see page 3). It contained a passage that has become a meme in the sports community. Bell has separately registered a copyright in the passage.

Court 52

Court Lawsuit Litigator Litigation 52

Eric Goldman

FEBRUARY 15, 2025

In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors. Distribution The court says “the Forms were accessible at the URLs that plaintiff located. ” The court also rejects an implied license defense using an overly restrictive test.

Lawsuit 52

Lawsuit Defendant Court Judge 52

Eric Goldman

MAY 15, 2023

If you’re interested in working with me to adapt this blog post into an academic essay format, email me.] This blog post is about the following two phrases: “[T]he Communications Decency Act was not meant to create a lawless no-man’s-land on the Internet.” May 31, 2016) Fields v. 10, 2016) Fields v.

Litigator 111

Litigator Litigation Court Law 111

Berkley Technology Law Journal

NOVEMBER 18, 2022

Jürgen Kühling is also a member of the German Monopolies Commission since July 1, 2016 and elected chairman since September 2020. Professor Kühling has been a member of the monopolies commission since July 1, 2016 and elected chairman since September 2020. And it’s going to be checked by the European Court of Justice.

Law 100

Law Law Data protection Court 100

Berkley Technology Law Journal

NOVEMBER 18, 2022

Jürgen Kühling is also a member of the German Monopolies Commission since July 1, 2016 and elected chairman since September 2020. Professor Kühling has been a member of the monopolies commission since July 1, 2016 and elected chairman since September 2020. And it’s going to be checked by the European Court of Justice.

Law 100

Law Law Data protection Court 100

Debevoise Data Blog

JULY 20, 2022

In 2019, a California federal court denied Aerojet’s motion to dismiss the claims and, in 2022, denied Aerojet’s motion for summary judgment, finding that partial disclosures would not relieve Aerojet of liability if it nonetheless failed to disclose its noncompliance with material regulatory provisions. United States ex rel.

Failure-to-appear 40

Failure-to-appear Compliance Court Attorney 40

Richmond Journal of Law and Technology

NOVEMBER 23, 2023

12] Herzberg’s family sued Uber, the owner of the vehicle, but whether Uber or its programmers would have been found liable in civil court isn’t clear—the parties reached a confidential settlement. [13] 18] Because Japan was the appropriate forum, the court did not have authority and had to dismiss the case. 10, 2023, 8:54 AM). [2]

Lawsuit 52

Lawsuit Judge Court Failure-to-appear 52

Berkley Technology Law Journal

DECEMBER 24, 2022

And this is one that the US Supreme Court has recognized is not really a bright line, in the case called Carpenter vs. United States from 2018. This is a case where the Supreme Court held that the government needed to get a warrant in order to obtain the cell phone locations of a person over a period of time.

Attorney 100

Attorney Law Law Time-tracking 100