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

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. addiction and Plaintiffs injuries.

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Lawsuit Defendant Court Failure-to-appear 75

Eric Goldman

MAY 25, 2025

” Doxing The relevant statute applies when a defendant intentionally published the plaintiff’s personally identifiable information without the consent of the person whose information is published.” Defendant-victimization is also a main justification for broadly applicable anti-SLAPP laws.

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Lawsuit Court Defendant Litigation 74

Eric Goldman

JUNE 1, 2025

For example, Florida argued that it didn’t intend to imminently enforce all of the law. 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.

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Defendant Court Failure-to-appear Judge 88

Eric Goldman

MAY 20, 2025

Lack of Access Courts have consistently held that posting works on the Internet, without more, doesn’t ensure that the defendant had “access” to them for purposes of copying-in-fact. But even the narrower standard invites a lot of tendentious data-mining about the defendants’ social media activities.

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Defendant Court Judge Lawsuit 106

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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Defendant Court Law Law 59

Eric Goldman

FEBRUARY 26, 2025

In other words, the plaintiffs are trying to use venerable legal doctrines to create a common-law notice-and-takedown scheme. Thus, to remedy the alleged defect, Defendants would have to change the content posted on their platforms. Such allegations fail to state a claim under products liability law. Strict Products Liability.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

APRIL 9, 2025

The defendant invoked the arbitration clause in its TOS. In a footnote, the court adds: Although not required under Ninth Circuit law, using a clickwrap agreement would provide a website operator with greater assurance that the agreement will be enforced. 2025 WL 948118 (N.D. March 28, 2025) BONUS: Edwards v.

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Court Judge Software Defendant 52

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. Google (Catch Up Post) Think You Understand Online Trespass to Chattels Law? cite to the Oberstein v.

Time-tracking 57

Time-tracking Defendant Court Lawsuit 57

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 2, 2025

On January 22, Booking.coms renewed motion for judgment as a matter of law (JMOL) was granted. By the time trial rolled around, this case involved only an Irish plaintiff (Ryanair) and a Dutch defendant (Booking.com B.V.). And so it comes as no surprise that there were some post-trial fireworks in this case.

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Court Judge Defendant Law 81

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

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 generative AI continues to roll out everywhere from Google search results to chatbots on law firm websites, more legal action over the training material is sure to arise.

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Intellectual Property Data protection Defendant Federal law 59

Eric Goldman

MARCH 3, 2025

The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. 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.

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Court Compliance Defendant Lawsuit 52

Eric Goldman

APRIL 7, 2025

The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a piano that users could play to earn points within the game. Binello , 2025 WL 892971 (N.D. Case Citation : Robinson v.

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Defendant Court Judge Law 85

Debevoise Data Blog

JULY 7, 2025

But in 2025, many GenAI tools are now well developed for enterprises, have demonstrated that they can provide enormous value, and their risks are better understood, which leads to a different cost-benefit analysis. 13, 2025), [link] ; Press Release, Sec & Exch. The cover art used in this blog post was generated by ChatGPT 4o. [1]

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e-records e-discovery Compliance Litigation 52

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

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.

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Electronic discovery Compliance Litigation Litigator 71

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

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. Google (Catch Up Post) Think You Understand Online Trespass to Chattels Law? Tenet appeared first on Technology & Marketing Law Blog. Case Citation : Doe v.

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Court Time-tracking Defendant Lawsuit 69

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. Offer to present on topics that intersect law and finance. Connect with Margaret Grisdela on LinkedIn.

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Attorney Litigation Litigator Divorce lawyer 52

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 65

Debevoise Data Blog

OCTOBER 20, 2024

The Guidance applies to entities that are covered by Part 500 ( i.e., entities with a license under the New York Banking Law, Insurance Law or Financial Services Law), but it provides valuable direction to all companies for managing the new cybersecurity risks associated with AI.

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Intellectual Property Due diligence Machine learning Defendant 52

Richmond Journal of Law and Technology

MARCH 7, 2025

18] They also argue that Honey is intentionally interfering with contractual relations, a cause of action under tort law. [19] 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]

Time-tracking 52

Time-tracking Defendant Lawsuit Law 52

Eric Goldman

MAY 27, 2025

The court says that’s not the right standard: Walters has not identified any case holding that a publisher is negligent as a matter of defamation law merely because it knows it can make a mistake, and for good reason. should the defendant have adopted new or niche innovations that work better than prevailing standards?)

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Lawsuit Court Litigation Litigator 65

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). ”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? May 2, 2025). This case involves diamond prices.

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Lawsuit Defendant Judge Court 59

Eric Goldman

FEBRUARY 21, 2025

The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters. Next Level Apps Technology FZCO , 2025 WL 551866 (N.D. ” PREACH!

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Intellectual Property Court Hearing State law 40

Debevoise Data Blog

JUNE 26, 2025

Following a contentious discovery period, defendants in Anthropic moved for summary judgment and asserted a fair use defense on March 27, 2025. Defendants in Meta opposed plaintiffs’ motion and asserted an affirmative fair use defense on March 24, 2025 and filed a cross-motion for summary judgment on March 28, 2025.

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Court Defendant Judge Litigation 52

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. Capra of Fordham School of Law. (If 24 Report).

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Litigation Litigator Judge Machine learning 52

The Barrister

NOVEMBER 22, 2024

2 A pre-trial diversion program is a legal mechanism that postpones the criminal process to give the defendant a chance to receive rehabilitation or treatment. 11 Downsides Include: Exploiting the System : Some defense law firms actively market the Mental health Diversion program as a way to avoid criminal prosecution. A7 M49 2006.

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Dispute resolution Defendant Court Law 40

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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Defendant Judge Lawsuit Court 52

Eric Goldman

MARCH 11, 2025

Relevant Federal Law: Balancing User Privacy with Child Protection In the 1980s, Congress passed a law called the Stored Communications Act (SCA) that created a statutory right of privacy for Americans digital files and communications. NCMEC routes received reports to the appropriate law enforcement agency.

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Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

JUNE 9, 2025

And there is a legal regime dedicated to that issue, and it’s called copyright law. — I hate that we’re still doing trespass to chattels claims in 2025. To put it another way: if Reddit wins the breach of contract claim based on this allegation, it will completely blow up online contract formation law as we currently know it.

Lawsuit 57

Lawsuit Failure-to-appear Court Defendant 57

Eric Goldman

JANUARY 6, 2025

California SB 976, “Protecting Our Kids from Social Media Addiction Act,” is one of the multitudinous laws that pretextually claim to protect kids online. Like many such laws nowadays, it’s a gish-gallop compendium of online censorship ideas: Age authentication! Parental consent! Mandatory transparency!

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Court Judge Law Law 52

Brett Trout

JULY 8, 2025

On June 27, 2025, Lululemon filed a federal lawsuit accusing Costco of selling “confusingly similar” knockoffs of its best-selling clothes—including its Scuba hoodies, Define jackets, and ABC pants. If the design is functional, it cannot be protected under trade dress law.

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Lawsuit Intellectual Property Court Litigation 52

Eric Goldman

FEBRUARY 15, 2025

Calling all cyberlaw nerds: here is a bona fide “ Law of the Horse ” case. The plaintiff is an Oregon law firm practicing equine law. The defendant runs a Florida horse ranch. In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors.

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Lawsuit Defendant Court Judge 52