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The Five Most Momentous Legal Tech Fails

Above the Law - Technology

In 2016, legal tech entrepreneur Derek Bluford was riding high. But that all came crashing down after I reported in 2016 of Bluford’s settlement of a lawsuit charging him with impersonating a lawyer, forging legal documents and fraudulently swindling two clients. As of this writing, the lawsuit is ongoing. QuickLegal.

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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. 2016); Fakhrian v. 2016 WL 1650705 (Cal. 2016); Despot v. 2016 WL 4148085 (W.D. 2016); Manchanda v. 2016 WL 6806250 (S.D.N.Y. Google, Inc.,

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Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon

Eric Goldman

The flagship law in this area is the Consumer Review Fairness Act, enacted by Congress in 2016. violations; but I also think it’s clear this lawsuit is going to fail eventually. Amazon appeared first on Technology & Marketing Law Blog. This pernicious business practice emerged around 15 years ago. Amazon.com, Inc.

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Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

Eric Goldman

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. She agrees the 2016 TOS applies. Amazon appeared first on Technology & Marketing Law Blog.

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The 9th Circuit Keeps Trying to Ruin Cybersecurity–Enigma v. Malwarebytes

Eric Goldman

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” The lawsuit’s lengthy duration and high defense cost has significant substantive implications.

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The DTSA Ex Parte Seizure Provision Was Always Bad Policy–Janssen v. Evenus

Eric Goldman

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). The DTSA ex parte seizure provision wasn’t designed to be used when there’s already an existing lawsuit between the players. 17, 2023) Prior Blog Posts on the DTSA Ex Parte Seizure Provision * This quick links re. Case Citation: Janssen Products LP v.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

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). Instagram, LLC (Guest Blog Post) appeared first on Technology & Marketing Law Blog.