Eric Goldman

MAY 28, 2025

The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed preliminary injunction. And yet, in 2025, Modlily actually shut down an Amazon merchant by asserting trademark infringement based on post-domain URL paths.

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Defendant Judge e-filing Court 57

Eric Goldman

APRIL 25, 2025

Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s As a result, I expect that defendants in other online addiction cases will be highlighting this opinion in their defenses. April 23, 2025). brain and behavior.

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Eric Goldman

JUNE 6, 2025

2025 WL 1009179 (S.D.N.Y. April 4, 2025), might be the most important case pending on the legality of scraping public data to create training data sets to build large language models (“LLMs”). Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. Microsoft Corp.,

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Defendant Court Lawsuit State law 66

Eric Goldman

MARCH 30, 2025

March 18, 2025) This case involved the completely AI-generated work, “A Recent Entrance to Paradise”: The copyright applicant, Thaler, disclaimed any human involvement in the work’s creation. Anthropic PBC 1) Opinion denying a preliminary injunction , 2025 WL 904333 (N.D. Perlmutter , No. 23-5233 (D.C.

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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. Cal 1/17/2025). [4]

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Intellectual Property Defendant Court Judge 52

Eric Goldman

JUNE 1, 2025

Baffled by the argument, the court notes (emphasis added): The defendants also note that Florida Statutes 501.2041(9) and 106.072(5) say the Florida provisions cannot be enforced to the extent inconsistent with federal law and 47 U.S.C. May 22, 2025). Florida keeps making mockable arguments that the judge keeps swatting down.

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Defendant Court Failure-to-appear Judge 89

Eric Goldman

JUNE 10, 2025

Flixbus successfully defends by saying that the plaintiff consented to the disclosures via its TOS. 2025 WL 1592961 (S.D. June 5, 2025) More Posts on the Pixel Cases Meta Pixels Case Dismissed by Second Circuit–Solomon v. This is a Meta Pixels case involving the bus service Flixbus. cite to the Oberstein v. Flixbus, Inc.

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CloudNine

MAY 27, 2025

Masters Conference Chicago | May 20, 2025 Hosted by Seyfarth Shaw LLP | Presented by Infinnium As the legal landscape continues to involve many new communication data as evidence, the conversation around data governance and eDiscovery is becoming more urgent and more strategic. Action Steps for Legal Teams So what can organizations do today?

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Electronic discovery Compliance Litigation Litigator 71

Eric Goldman

JUNE 11, 2025

2025 WL 1635956 (E.D. June 9, 2025) More Posts on the Pixel Cases Clickwrap Formed Even When a Consumer Has Limited Time to Act–Washington v. (As usual, there is a lot more going on in this case beyond trespass to chattels, but I’m focusing this blog post just on that claim). Case Citation : Doe v. Tenet Healthcare Corp.

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Court Time-tracking Defendant Lawsuit 70

Eric Goldman

FEBRUARY 26, 2025

However, the court says that’s essentially a doctrinal bait-and-switch: plaintiffs actually object “to Defendants’ decisions, after receiving Plaintiffs’ reports, to remove or not remove certain videos; [not] to the functionality of the reporting tool itself.” removal of the reported videos. .” Negligence.

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Debevoise Data Blog

JANUARY 13, 2025

Despite the busy 2024 litigation year against companies offering AI platforms in 2024, significant intellectual property questions remain unanswered as the calendar turns to 2025. 2025 may bring some clarity to the legal status of AI, including through highly anticipated guidance from the U.S.

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Eric Goldman

MAY 2, 2025

G6 invoked the TOS, so G6 bore the burden of showing that the plaintiff agreed to it: Defendant has failed to provide adequate evidence to establish which version of the sign-up page Plaintiff used when she signed up for her Motel 6 account. G6 Hospitality LLC , 2025 WL 1254382 (C.D. Case Citation : Snyder v.

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Defendant Court Lawyer Law 52

Eric Goldman

APRIL 23, 2025

” Purposeful availment can occur if a “defendant (1) commit[s] an intentional act, that is (2) expressly aimed at the forum state, and (3) which causes harm that the defendant knows will be suffered in the forum state.” ” To be clear, the dissent is not trying to help defendants. Lee , Doe v.

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Defendant Judge Law Law 82

Eric Goldman

APRIL 12, 2025

2025 WL 961473 (W.D.N.Y. March 31, 2025) This case involves the service Joybuy, which listed items for sale in Walmart.coms marketplace. The evidence shows that Defendants were on-notice that their marketplaces contained infringing listingsPlaintiff and their agents issued infringement complaints on dozens of such listings.

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Defendant Court Lawsuit e-filing 57

Eric Goldman

MARCH 4, 2025

2025 WL 660250 (N.D. 28, 2025) Prior Blog Posts on the SAD Scheme Another N.D. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Schedule A Defendants Another Judge Balks at SAD Scheme JoinderXie v. Schedule A Defendants Judge Hammers SEC for Lying to Get an Ex Parte TROSEC v. Seven West Media Ltd.,

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Accellis Technology Group

JANUARY 2, 2025

As we step into 2025, the cybersecurity landscape is evolving at an unprecedented pace. Organizations must adopt proactive and strategic approaches to Cyber Threat Intelligence (CTI) to defend against these evolving risks. The post Cyber Threat Intelligence Review: Preparing for 2025 appeared first on Accellis.

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Clio

FEBRUARY 21, 2025

This includes survivors, witnesses, criminal defendants, and convicts. If youd like to hear from cutting-edge speakers on the movement toward trauma-informed justice and other relevant topics in the legal industry, be sure to register for ClioCon 2025. Dont miss 2025's Clio Cloud Conference taking place October 16-17 in Boston, MA.

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Defendant Court Judge Attorney 52

Eric Goldman

MARCH 20, 2025

The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. March 19, 2025). Play stupid TOS games, win stupid TOS prizes.

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Defendant Court Lawsuit Law 52

Eric Goldman

MARCH 2, 2025

By the time trial rolled around, this case involved only an Irish plaintiff (Ryanair) and a Dutch defendant (Booking.com B.V.). The JMOL had two primary conclusions: First , that the CFAA has extraterritorial application, and therefore it was appropriate for this court to apply the CFAA here. This is an incredibly controversial holding.

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Court Judge Defendant Law 82

Eric Goldman

MAY 7, 2025

The defendant Nivoda is an online retailer[FN] that displays how its prices are discounted compared to the Rapaport prices (see screenshot). May 2, 2025). This case involves diamond prices. The plaintiff Rapaport publishes a weekly subscription-only price list of diamonds based on various attributes. Case Citation : Rapaport USA, Inc.

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Lawsuit Defendant Judge Court 59

Eric Goldman

FEBRUARY 13, 2025

DistroKid defends against the direct copyright infringement claim using the volitional conduct argument. However, direct copyright infringement is strict liability, so the volitional conduct provides an important “fast lane” to survive cases that otherwise look dangerous to defendants. Case Citation : White v.

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Defendant Court Case law Law 52

Eric Goldman

MARCH 3, 2025

Capital One defended on Section 230 grounds (among others). 2025 WL 606194 (W.D. 25, 2025) The post Section 230 Doesn’t Apply to “Refer-a-Friend” Text Message–Jensen v. The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims.

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Richmond Journal of Law and Technology

MARCH 7, 2025

However, when contracting with merchants, creators cannot ensure that their commission will come back to them, and typical merchants do not have strict cookie policies that defend against injected cookies. [22] 24, 2025). [2] 15, 2025), [link] [hereinafter Behind the Buzz ]. [3] Image link: [link] [1] Compl. ¶ 3] See Compl.

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Martindale-Avvo

FEBRUARY 12, 2025

Learn about some of the big technology issues that are trending AOPs for 2025, and how these are developing into important practice areas for lawyers. As deepfakes become more common and troublesome, there might be a greater role for lawyers in defending the rights and dignity of victims.

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Intellectual Property Data protection Defendant Federal law 59

Eric Goldman

APRIL 9, 2025

The defendant invoked the arbitration clause in its TOS. 2025 WL 948118 (N.D. March 28, 2025) BONUS: Edwards v. 2025 WL 985130 (N.D. March 31, 2025). This is a VPPA claim against Plex (a video streaming service) regarding the use of Meta Pixels. Case Citation : Lee v.

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Court Judge Software Defendant 52

Eric Goldman

MAY 12, 2025

An allegation that “a defendant filed false Amazon counterfeit reports” is sufficient to state a claim. This is true even if the defendants made its associated fact claims to Amazon “under penalty of perjury.” 2025 WL 1226629 (S.D.N.Y. ” Um, no. .” ” Um, no. Focus Camera, Inc.

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Court Defendant e-filing Lawsuit 52

Eric Goldman

MAY 27, 2025

should the defendant have adopted new or niche innovations that work better than prevailing standards?) May 19, 2025). Plus, any time courts reference industry standards, that raises expensive fact questions (what is the industry? what are the standards? that can help turn litigation into lawfare. Case Citation : Walters v.

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Lawsuit Court Litigation Litigator 67

Eric Goldman

APRIL 8, 2025

The court does award damages for the 512(f) claims in some of the cases based on the defendants counternotifications. This produces a relatively rare plaintiff win under 512(f), where plaintiff wins usually occur only when the defendants no-show. Ashgar, 2025 WL 822685 (N.D. March 13, 2025) Viral DRM LLC v.

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Debevoise Data Blog

MARCH 19, 2025

As the first quarter of 2025 draws to a close and we look ahead to the spring, important changes to the Federal Rules of Evidence (FRE) regarding the use of AI in the courtroom are on the horizon. 7, 2025 ) , Tab 3A Report of the Advisory Committee on Evidence Rules (Dec. See Advisory Committee on Evidence Rules Agenda Book (Nov.

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Legal Expert Connections

JUNE 16, 2025

Whether the issue involves valuation disputes, lost profits, or allegations of financial fraud, attorneys rely on forensic accountants to provide the objective, analytical firepower needed to build or defend a case. This article addresses the topic of forensic accounting marketing.

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Attorney Litigator Litigation Divorce lawyer 52

Eric Goldman

JANUARY 11, 2025

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. On January 6, 2025, the supervising judge summarily approved the magistrate judge’s recommendations.

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Eric Goldman

JUNE 9, 2025

— I hate that we’re still doing trespass to chattels claims in 2025. Sure, it’s nominally defending its users from rapacious scraping malefactors. That would likely not be preempted by copyright, and if proven, could lead to a successful claim. I explain this dynamic in my Generative AI is Doomed paper.

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Lawsuit Failure-to-appear Court Defendant 57

Eric Goldman

FEBRUARY 21, 2025

The TRO language doesn’t purport to apply to YouTube, nor could it unless YouTube had also been named a defendant. Next Level Apps Technology FZCO , 2025 WL 551866 (N.D. YouTube usually honors 512(g) putback notices, but the complaint (para. Maybe YouTube was paralyzed by the dueling takedown notices from each side?

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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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Debevoise Data Blog

OCTOBER 20, 2024

For covered entities deploying AI, relevant personnel should also be trained on : how to secure and defend AI systems from cybersecurity attacks; how to design and develop AI systems securely; and how to draft queries to avoid disclosing NPI (as applicable).

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Intellectual Property Due diligence Machine learning Defendant 52

Martindale-Avvo

FEBRUARY 12, 2025

Learn about some of the big technology issues that are trending AOPs for 2025, and how these are developing into important practice areas for lawyers. As deepfakes become more common and troublesome, there might be a greater role for lawyers in defending the rights and dignity of victims.

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Intellectual Property Data protection Defendant Federal law 52

Inside Privacy

JULY 20, 2023

Consistent with the Strategy , the NCSIP contemplates five broad lines of effort (“pillars”): Defending critical infrastructure; Disrupting and dismantling threat actors; Shaping market forces to drive security and resilience; Investing in a resilient future; and Forging international partnerships to pursue shared goals.

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