Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.

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Attorney at Work

OCTOBER 20, 2021

In small law firms, where lifestyle mattered somewhat more, there was pushback against remote teams, too. A larger concern was for lawyers who wanted to work while physically present in a state where they were not licensed. There was a legitimate unauthorized practice of law issue to analyze.

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Lawyer Law firm Attorney Law 102

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 98

Inside Privacy

FEBRUARY 1, 2024

While the EU GDPR regulates the international transfer of personal data, several recently enacted EU laws regulate the international transfer of non-personal data, which is any data that is not “personal data” under the GDPR. This regulation is directly applicable in all EU Member States since May 28, 2019.

Intellectual Property 72

Intellectual Property State law Court Compliance 72

Martindale-Avvo

MAY 7, 2024

Here are some examples of harmful deep fake usage: In 2019, an energy firm in the U.K. In June 2019, a deep fake video of Mark Zuckerberg was posted to Instagram in which the “fake” CEO claimed how “great” it was to have billions of people’s data. State Law Several states have passed laws to limit the harmful effects of deep fakes.

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Federal law State law Court Software 59

Eric Goldman

JULY 18, 2023

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Court Litigation Litigator Case law 98

Debevoise Data Blog

OCTOBER 18, 2021

And what’s a company to do right now, with facial recognition opportunities presenting themselves today while the law remains a moving target? In this Part 1, we lay out the current laws governing facial recognition in the United States. The Patchwork of Current Facial Recognition Privacy Laws A.

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Law Law Court Time-tracking 52

Lawmatics

APRIL 11, 2023

Law firms and attorneys are confronted with many unique tax issues and must be keenly aware of the tax rules that apply to them and their practices. Neuman The Importance of Organization There are many nuances to practicing law, but when it comes to running a law practice, the challenges are similar. IRS Form 1099-NEC.

Law firm 52

Law firm e-filing Law Law 52

Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. That’s what copyright law is for. s Terms of Service (“ToS”) when it created a new account in 2019.

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Court Litigation Litigator Defendant 123

CaseFox

DECEMBER 22, 2023

About Episode: Host Bio: Guest: Armando Riccio Labor and Employment Law. With a keen eye for the intersection of law and technology, Ankita has carved her niche in the ever-evolving world of legal tech. Personally, I have over a quarter of a century of experience practicing law in this specific area. Let’s jump right in.

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Dispute resolution Law Law Legal tech 52

Berkley Technology Law Journal

DECEMBER 24, 2022

The BTLJ Podcast team sits down with ACLU Senior Staff Attorney Matt Cagle to discuss the use of automated license plate readers (ALPRs) by police departments and other law enforcement entities. Podcast Transcript: [Tiffaney] 0:12 You’re listening to the Berkeley Technology Law Journal Podcast. I’m Tiffaney Boyd.

Attorney 100

Attorney Law Law Time-tracking 100

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 5, 2023

Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. Backpage * District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v.

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Lawsuit Defendant Court e-filing 111

Eric Goldman

JUNE 7, 2023

The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'”

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

DECEMBER 16, 2024

Craigslist * Facebook Still Cant Dismiss Sex Trafficking Victims Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008ML v. Omegle appeared first on Technology & Marketing Law Blog. 230s Immunity The post Omegle Defeats Lawsuit Over User’s “Capping”–MH v.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

JULY 26, 2024

Here, if the law recognized the illegality of “possessing” illegal content, then the upload could create its own legally recognizable harm even if it’s never meant for, or made available for, downloading. WebGroup Czech Republic appeared first on Technology & Marketing Law Blog. The Lemmon v.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior.

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Lawsuit Court Defendant Hearing 97

Debevoise Data Blog

JANUARY 24, 2023

For example, a 2019 video deepfake featuring Kim Kardashian was successfully removed from YouTube. State Laws Though not essential for responding to corporate deepfakes, our discussion of deepfake takedowns would not be complete without a primer on the various state laws that have been passed to address deepfakes.

Court 52

Court e-filing Lawsuit State law 52

Eric Goldman

JUNE 9, 2024

Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. Backpage appeared first on Technology & Marketing Law Blog.

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

MAY 2, 2024

The court says the claim fails on its prima facie elements because “Plaintiffs have failed to establish that Salesforce had constructive knowledge that Backpage violated relevant sex-trafficking laws as to Plaintiff.” Google LLC , 2024 WL 1892291 (N.D. April 29, 2024). The complaint. This case started in W.D.

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Lawsuit Defendant Court Judge 96

Debevoise Data Blog

JULY 5, 2022

Concerns Over Lack of Actuarial Nexus : The Department likely views the above list of suspect characteristics as non-exhaustive because it goes on to state that any input used for AI models and Big Data that lacks a sufficient actuarial nexus to the risk of loss has the potential to unfairly discriminate.

Due diligence 40

Due diligence Compliance State law Litigation 40

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.

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Lawsuit Failure-to-appear Defendant Court 64

Debevoise Data Blog

JANUARY 14, 2022

5] In a motion passing 3-2 on a party-line vote, the Democratic commissioners removed the Chief Administrative Law Judge (the “ALJ”) from the role of Presiding Officer in Magnuson-Moss rulemaking; Chair Khan or her designee will instead assume the role of Presiding Officer, giving Chair Khan even greater control over future rulemaking efforts. [6]

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Compliance Court Litigation Litigator 52

Debevoise Data Blog

JULY 9, 2021

Colorado has just adopted a brand-new data privacy law and Nevada has just significantly amended its law. further in the direction of European-style privacy law. SB 260 expands Nevada’s existing notice and opt-out regime, passed in 2019, governing the sale of personal information online.

Data protection 40

Data protection Compliance Attorney State law 40

Eric Goldman

DECEMBER 29, 2023

Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. Grindr appeared first on Technology & Marketing Law Blog. 230’s Immunity The post Grindr Defeats FOSTA Claim–Doe v.

Lawsuit 98

Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

SEPTEMBER 27, 2024

The court’s statement implicates Internet Law Exceptionalism 101, and this judge–who was so thorough in other discussions–oddly chose to ignore this critical question. The Florida federal court might also apply Florida state law, which includes the old Doe v. and other minors.

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Court Lawsuit Judge Defendant 105

Eric Goldman

FEBRUARY 8, 2025

” “The law is clear that a service provider doesn’t shed Section 230 immunity when it neutrally promotes all its users content in the same way (as Fenix allegedly did here).” Fenix appeared first on Technology & Marketing Law Blog.

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Defendant Lawsuit Judge Court 59

Eric Goldman

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Section 2(c) is a viewpoint-neutral trademark law.

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Court Law Law Failure-to-appear 106

Eric Goldman

MAY 26, 2025

” The plaintiffs also tried “Masha’s Law,” 18 USC 2255, which provides a civil remedy for CSAM violations. case), plaintiffs’ efforts to create an online age authentication obligation via the common law are both unconstitutional and bad policy. The court responds: “ Does 1-6 v. Reddit, Inc.

Defendant 58

Defendant Failure-to-appear Court Judge 58

Eric Goldman

NOVEMBER 10, 2024

The court responds: “Pointing to persuasive case law, Fenix contends that Plaintiff’s allegations far well short of what is needed to overcome CDA immunity. Mindgeek , but the court says that’s “bad law” following the Reddit decision. The plaintiff cited Doe v.

Defendant 117

Defendant Lawsuit Failure-to-appear Court 117

Eric Goldman

DECEMBER 23, 2024

If so, many vendors will be pressured not to accept lawful engagements with paying customers because they would face impossible-to-manage potential liability exposure. * * * Despite the serious problems with tertiary liability in Section 230 cases, the courts have entertained it. Note: the opinion was written by Trump 1.0-appointed

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Defendant Court Lawsuit Judge 59