Debevoise Data Blog

NOVEMBER 12, 2024

24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. Below, we provide a background on the DMCA’s provisions governing CMI – known as Section 1202(b) – and recent DMCA litigation against AI developers. Raw Story Media, Inc. OpenAI Inc. , Some courts considering Section 1202 claims have also required that the work at issue be reproduced exactly.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. See ECF No.

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Defendant Judge e-filing Lawsuit 98

Brett Trout

FEBRUARY 18, 2025

Nintendos Legal Crusade Between 2022 and 2024, Nintendo launched numerous lawsuits and legal actions, shutting down fan projects, modding communities, and emulator developers. A well-drafted patent can deter infringement before litigation even begins. The lawsuit seeks damages and an injunction against the games continued distribution?

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Intellectual Property Lawsuit Litigator Litigation 52

Debevoise Data Blog

FEBRUARY 4, 2025

As we previewed in our 2024 AI year in review , one of the big areas to watch in 2025 will be how much discovery courts are prepared to order into the inner workings of AI companies, especially in the face of arguments that discovery would reveal trade secrets or would be overbroad in cases based on specific claimed works. OpenAI, Inc.

Intellectual Property 52

Intellectual Property Defendant Court Judge 52

Brett Trout

FEBRUARY 5, 2025

Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., which faced significant challenges to its patent due to inaccuracies in its patent claims.

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Court Litigator Litigation Attorney 52

Debevoise Data Blog

MARCH 19, 2025

At the Committees last meeting in November 2024, it agreed to develop a formal proposal for a new rule which, if adopted, would become Rule 707 of the FRE that would require federal courts to apply Rule 702s standards to machine-generated evidence. 1, 2024), at 3 (Committee Dec. 2024 WL 3385690, at *5 (S.D.N.Y. 24 Report).

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Litigator Litigation Judge Machine learning 52

Eric Goldman

JULY 30, 2024

“Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” “Defendant Google is a private business, not a state actor.” Google LLC , 2024 WL 3551878 (D.D.C. July 26, 2024). ” Fraud. ” Constitutional Violations.

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Defendant Lawsuit Court Litigator 108

Debevoise Data Blog

FEBRUARY 14, 2025

The parties then filed renewed motions for summary judgment in October 2024. Defendants could have more success on the first fair use factor, purpose and character, in the context of a generative AI model. Defendants, on the other hand, will argue that a generative AI chatbot is not a substitute for a novel, song or film.

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Court Intellectual Property Defendant Legal research 52

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

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Defendant Intellectual Property Court Judge 116

Eric Goldman

FEBRUARY 11, 2024

A liberal interpretation of the Copyright Act, therefore, could open the floodgates to endless litigation. This is especially salient because many potential defendants could decline to answer because the cost of litigation would likely outweigh the mandatory statutory damages amount. All excellent points.

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Defendant Court Litigator Litigation 115

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory. Case Citation : Jones v. Mean LLC , Index No.: 810316/2023 (N.Y.

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Defendant Judge Court Litigator 112

Eric Goldman

FEBRUARY 18, 2024

Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated. .”

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Judge Defendant e-records Court 111

Clio

APRIL 17, 2025

And the legal industry is taking notice: according to the American Bar Associations 2024 Legal Technology Survey Report , 47% of firms used legal analytics in the previous year. How does predictive analytics work in litigation? Predictive analytics can be used at all stages of litigation.

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Analytics Law firm Law Law 52

Eric Goldman

APRIL 21, 2024

I can’t easily track the state court litigation, but the federal litigation is a sight to behold. Case Citation : In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , No. However, life intervened, and my massive blog post got stuck in draft mode. 4:22-md-03047-YGR (N.D.

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Litigator Litigation Court Defendant 106

Eric Goldman

JUNE 12, 2024

In the last year, a team of California litigators (from Singleton Schreiber in Sacramento and Law Offices of Thomas Leary from San Diego) has launched 1670.8 ” in Lexis and Westlaw and found the following decisions involving the litigation team: Callaway v. Anheuser-Busch Companies, LLC, 2024 WL 1122415 (C.D. Zillow Inc.,

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Court Defendant Law Law 75

The North Carolina Journey of Law and Technology

FEBRUARY 19, 2024

Understanding Litigation Finance Litigation finance is when a third-party invests in a lawsuit in hopes of sharing in the profits of a successful verdict. litigation finance companies exist. billion in capital to litigation matters. billion in capital to litigation matters.

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Litigator Litigation Machine learning Court 52

Eric Goldman

SEPTEMBER 26, 2024

This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. Instagram, LLC, 2024 U.S. 23, 2024) The post Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v. Again, plaintiffs’ counsel failed to find any poof.

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Court Judge Defendant Hearing 111

Eric Goldman

MAY 25, 2024

” (The claim that 230’s application to defamation hasn’t been litigated before in Minnesota really surprised me, but I wasn’t able to disprove it quickly). Bascom because the defendants in those cases didn’t add their own commentary to the third-party content. May 17, 2024). Rosenthal and Banaian v.

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Defendant Court Hearing Litigator 98

Eric Goldman

AUGUST 24, 2024

” Indeed, in this litigation, Nicholas Air’s in-house legal counsel also represents Corr Flight. This Solomonic outcome splits the case in two and largely doubles the litigation costs for both sides. Glassdoor, LLC , 2024 WL 3898345 (N.D. I can’t imagine either side is thrilled about that. The complaint.

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Court Litigator Litigation Defendant 98

Clio

DECEMBER 12, 2024

The technology may be able to determine a criminal defendants competence to stand trial. How will it interact with a defendants right against self-incrimination? On the privacy front, Nita Farahany is a leading expert in neurotechnology who has concerns in this area, which she laid out at the 2024 Clio Cloud Conference.

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Law Law Defendant Attorney 97

Eric Goldman

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” The defendant did not give the specified attribution. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Larry Philpot is a repeat copyright plaintiff. One sign is listening to Ted Nugent. (I

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Court Defendant Judge Attorney 106

Legal Tech Monitor

NOVEMBER 3, 2023

Attorneys will also receive $150 per hour “for time reasonably expended out of court” (up from its previous minimum of $50 per hour) and maximum compensation for representing an indigent defendant of $10,000 (up from its previous maximum of $5,000). The amendments are effective on Jan. Rule 299 was last updated in 2006.

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Court Attorney Defendant Litigator 52

Eric Goldman

JANUARY 11, 2025

Kilgore , 2024 WL 5295080 (W.D. 14, 2024) A magistrate judge recommends sending a 512(f) case to trial. Kilgore might need better legal advice on copyright law…but also, see my post on the Lenz case predicting that all 512(f) defendants had to do is say “yeah, I thought about fair use” and they would get a free pass.

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Court Judge Defendant Case predictions 40

Legal Tech Monitor

DECEMBER 4, 2023

Help pick the 15 legal tech startups that will get to compete at the eighth-annual Startup Alley at ABA TECHSHOW 2024. 14-17, 2024, in Chicago. VoiceScript Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. The substantial amount of time lawyers spend drafting documents during litigation.

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Litigator Litigation Mediator Law firm 52

Eric Goldman

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. 2024 WL 251406 (N.D. 23, 2024) The short version of the facts are as follows: Bright Data, headquartered out of Israel, is one of the largest web-scraping companies in the world. He presided over the famous hiQ Labs v.

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Judge Court Defendant Litigation 98

TechLaw Crossroads

FEBRUARY 10, 2024

An outfit called Actionstep recently released its 2024 US Midsize Law Firm Priorities Report. A firm serving injured individual plaintiffs has different needs than a firm defending multi-state class actions. Add to the mix that some firms only compete in specific areas like Barst or litigation boutiques. Does Size Matter?

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Law firm Defendant Attorney Lawyer 59

The Barrister

APRIL 24, 2024

837 (1984), created a two-part framework for litigation involving congressional statutory law and regulatory agencies that enforce that law. 15] A central theme in defending Chevron , the Department of Commerce pointed out the citizenry can hold accountable elected officials who promulgate unpopular regulations. [16] 9, 2022). [2]

Court 40

Court Federal law Judge Litigator 40

Legal Tech Monitor

FEBRUARY 10, 2024

An outfit called Actionstep recently released its 2024 US Midsize Law Firm Priorities Report. A firm serving injured individual plaintiffs has different needs than a firm defending multi-state class actions. Add to the mix that some firms only compete in specific areas like Barst or litigation boutiques. Does Size Matter?

Law firm 52

Law firm Defendant Attorney Lawyer 52

Eric Goldman

MARCH 25, 2024

He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Judge Breyer of the Northern District of California had none of it.

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Defendant Court Litigator Litigation 106

Eric Goldman

NOVEMBER 8, 2024

Immediately after the plaintiff filed its papers on November 1, Judge Daniel sua sponte issues an order that starts: experience has shown that not all defendants named in a Schedule A case work together. ” However, the complaints rarely or never back up this claim with any defendant-specific supporting facts. 1:24-cv-11301 (N.D.

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Judge Defendant Lawsuit Court 80

Eric Goldman

JUNE 8, 2024

In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. ” That prompted this litigation. .'” ” That prompted this litigation. CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd. 2024 WL 2847139 (E.D.N.Y.

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Lawsuit Defendant Court Litigator 129

Eric Goldman

DECEMBER 27, 2024

Two prior blog posts on Bell’s litigation efforts: Fair Use Protects High Schools Use of Inspirational MemeBell v. This extraordinary assertion, with which Shakespeare, Tolstoy and Faulkner might take issue, [FN] frankly causes this court to wonder whether it is dealing with a litigant whose feet are firmly planted on the ground.

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Court Lawsuit Litigator Litigation 52

Eric Goldman

JUNE 14, 2024

It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss.

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Court Lawsuit Defendant Failure-to-appear 102

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.

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Court Litigator Litigation Defendant 124

Eric Goldman

OCTOBER 9, 2024

Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. I hope this ruling will be persuasive to other courts so that we can finally and permanently put this chapter to rest after 2+ decades of pointless litigation. the dollar value of the clicks at issue is well below the costs of litigation).

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Lawsuit Defendant Court Litigator 98

Eric Goldman

MAY 15, 2024

May 9, 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). Warner Chappell Music, Inc. Nealy , No. 22-1078 (U.S.

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Court e-discovery Defendant e-filing 106

Eric Goldman

SEPTEMBER 15, 2024

2024 WL 3952721 (S.D.N.Y. 27, 2024) BONUS: Google LLC v. Van Duc, 2024 WL 3740145 (N.D. July 23, 2024): the defendants allegedly falsely targeted 117k items through its copyright webform, which Google delisted based on these false premises. Case Citation : White v. UMG Recordings, Inc.

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Time-tracking Court Defendant Case predictions 106