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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Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

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Intellectual Property Defendant Litigation Litigator 69

Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. See 17 U.S.C. App’x 674 (9th Cir.

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Legal Expert Connections

JUNE 16, 2025

Forensic accounting plays a critical role in business litigation. 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. But litigators see a lot of generalists.

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Attorney Litigation Litigator Divorce lawyer 52

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. ” Are the claims against those other defendants still active? This started out like every other SAD Scheme case.

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Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

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Trial Technology

SEPTEMBER 23, 2016

The graphic shown above might offer a foreshadowing, or perhaps even an executive summary of the remainder of this article – or at least my opinion of some parts of the show. It’s sort of like the “ CSI Effect ,” where jurors have come to expect some serious technology used in the courtroom to convict or acquit a defendant.

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Trial presentation Defendant Attorney Court 130

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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Above the Law - Technology

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

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Eric Goldman

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. The costs of defending those lawsuits is a financial punishment with censorial consequences, even if the defendant never violated the law.

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Eric Goldman

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. This article gives some background on Fyk’s story). The Netflix documentary of his story will be called “Moby Fyk.” Freedom Def. Initiative v. Sessions, 697 F.

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Lawsuit Defendant Court Litigator 110

Eric Goldman

AUGUST 23, 2023

It is impossible to discuss the current state or future strategies of anticounterfeiting and antipiracy enforcement without addressing the phenomenon of rightsowners enumerating IP defendants on sealed Schedule As, a phenomenon I call the “SAD Scheme.”

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Defendant Litigator Litigation Law 98

Eric Goldman

APRIL 3, 2023

As this test can be applied on a motion to dismiss when a defendant is using another’s trademark to communicate information, ideas, or viewpoints, our proposed fair use defense is similar to the Rogers test first developed by the Second Circuit in Rogers v. Thus, it is easier for the defendant to win on a motion to dismiss under this test.

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Defendant Judge Court Litigation 116

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.” Fackrell’s article ). ” Um, no. .” ” Um, no. Focus Camera, Inc.

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Court Defendant e-filing Lawsuit 52

Clio

MARCH 6, 2025

Are you a busy litigator constantly on the move? To prove bias, you can look to supporting evidence to help underscore your claim, including news articles, expert testimony, affidavits, or statistical data. The successful filing of this motion safeguards the defendant’s right to a fair and impartial trial.

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Hearing Judge Court Litigator 52

Eric Goldman

SEPTEMBER 26, 2024

To support these wild-sounding conspiracy claims, the plaintiffs pointed to a BBC article that relied on anonymous whistleblowers and various anonymous tips. This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. This case got assigned to Judge Alsup’s courtroom.

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Court Judge Defendant Hearing 111

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. The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” Amount Taken.

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Court Defendant Judge Attorney 105

Eric Goldman

AUGUST 1, 2023

Neither Time nor BuzzFeed was named as a defendant. Plaintiff then sued various news outlets that “embedded” the tweets in their news stories by including HTML code that would cause the tweet to be dis­played at a particular point in the article. 2021), for example, the defendant purchased a website from another party.

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Defendant Court Litigation Litigator 98

Inside Privacy

APRIL 3, 2023

However, according to the court, this “secondary use” of the register was permissible on the basis of Article 6(1)(e), (3) and (4) GDPR, because the “secondary use” was made under a national or EU law seeking to safeguard an objective referred to in Article 23(1) of the GDPR.

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Court Data protection Litigator Litigation 52

Legal Tech Monitor

MARCH 28, 2023

I came across an article on LinkedIn recently by a former partner of mine. Rob Hickey is an outstanding litigator here in Louisville. While Rob is a defense trial lawyer, his article details some tips for plaintiffs’ lawyers based on his years of experience trying cases and litigating. I would like to thank Rob.

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Injury Lawyer Lawyer Defendant Litigation 59

TechLaw Crossroads

MARCH 28, 2023

I came across an article on LinkedIn recently by a former partner of mine. Rob Hickey is an outstanding litigator here in Louisville. While Rob is a defense trial lawyer, his article details some tips for plaintiffs’ lawyers based on his years of experience trying cases and litigating. I would like to thank Rob.

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Injury Lawyer Lawyer Defendant Litigation 59

Clio

MARCH 15, 2024

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. What is a motion to dismiss? In some U.S.

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Defendant Hearing Court Lawsuit 52

Brett Trout

JULY 22, 2024

Brett Trout The New York Times (NYT) has sued Defendants Microsoft and various OpenAI companies for allegedly using its copyrighted material to train their Copilot and ChatGPT products respectfully. Hallucinations are article titles and hyperlinks purportedly promulgated by NYT but which do not, in fact, exist. Defendants have a point.

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Defendant Lawsuit Court Law 52

Lawmatics

SEPTEMBER 13, 2023

In this article, we’ll go over some of the most effective strategies to not only handle frivolous lawsuits but effectively prevent them. It may even get to the point where the media covers the case which can change public perception of the defendant and negatively impact both personal and professional relationships.

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Lawsuit Defendant Judge Failure-to-appear 52

Attorney at Work

SEPTEMBER 30, 2022

By following its details closely, we can begin to unravel the strategic importance of judicial research and analytics for civil litigation at the state trial court level. By following its details closely, we can begin to unravel the strategic importance of judicial analytics for civil litigation at the state trial court level.

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Analytics Judge Defendant Court 52

LawSites

JANUARY 17, 2022

Elevator pitch: Judges are like the umpires of the courtroom, but litigators lack the information they need to understand the parameters of each umpire’s strike zone. As a private-public partnership through the UC Berkeley Skydeck, we have been connecting over 10,000 attorney and 12,000 litigation support providers in real time.

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e-discovery Time-tracking Mediator Attorney 25

Legal Tech Monitor

JANUARY 20, 2024

The Bloomberg Law article highlights a unique case in which a senior federal district court judge sitting in a Boston courtroom was conducting a bench trial occurring in an Asheville, North Carolina, courtroom. The plaintiff, a former assistant federal public defender, sued the entire U.S. Court of Appeals for the Fourth Circuit.

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Judge Court Defendant Litigation 52

TechLaw Crossroads

JANUARY 20, 2024

The Bloomberg Law article highlights a unique case in which a senior federal district court judge sitting in a Boston courtroom was conducting a bench trial occurring in an Asheville, North Carolina, courtroom. The plaintiff, a former assistant federal public defender, sued the entire U.S. Court of Appeals for the Fourth Circuit.

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Judge Court Defendant Litigation 52

Eric Goldman

DECEMBER 13, 2023

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. If nothing else, litigants know where they stand in these jurisdictions. Three courts of appeals have answered “no.”

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Debevoise Data Blog

JULY 13, 2021

This is Part 2 of a two-part article on the recent U.S. The Court began by stating that “[e]very class member must have article III standing in order to recover individual damages”—although, in a footnote, the court declined to decide “whether every class member must demonstrate standing before a court certifies a class.”Furthermore,

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Legal Expert Connections

NOVEMBER 20, 2023

Whether it’s a successful jury verdict, a summary judgment win, or a negotiated settlement, clients like to learn about how your firm defends its clients. This type of story always makes a good opening article for your law firm client newsletter.

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LawSites

MAY 31, 2022

In litigation and intellectual property matters, it is the responsibility of docketing professionals to ensure that electronic court pleadings and documents are properly and timely filed, to maintain internal databases of docketed documents, and to facilitate access to documents by the firm’s legal professionals. We proceeded from there.

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Debevoise Data Blog

JULY 7, 2021

This is Part 1 of a two-part article on the recent U.S. Although TransUnion did not involve a data breach, the Court’s opinion emphasizes that qualifying Article III injuries are those that go beyond procedural statutory violations, and that a risk of future harm alone is insufficient under Article III in a suit for damages.

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CaseFox

SEPTEMBER 11, 2023

Which means it consists of rules for courts, lawyers, and litigants. We hope this article gives you an overview of the difference between procedural and substantive law. They also have to determine whether the defendant is guilty or not guilty. This law ensures consistent handling of all cases.

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Law Law Court Defendant 52

CaseFox

SEPTEMBER 11, 2023

Which means it consists of rules for courts, lawyers, and litigants. We hope this article gives you an overview of the difference between procedural and substantive law. They also have to determine whether the defendant is guilty or not guilty. This law ensures consistent handling of all cases.

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Law Law Court Defendant 52

Debevoise Data Blog

SEPTEMBER 9, 2021

Organisations would be able to use this for data transfers from the UK; and a TRA will be needed if an organisation is making a restricted transfer (defined and opinions solicited in the TRA consultation ) and wants to rely on a transfer tool under Article 46 of the UK GDPR. Deliveroo fined €2.5

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Data protection Court Litigator Litigation 52

Berkley Technology Law Journal

FEBRUARY 27, 2023

And that text might be internet text, like literally comments on Reddit, or Wikipedia articles. And I think a poignant example of this is on February 22 of this year, Joshua Browder, who is the CEO of Do Not Pay was planning to use ChatGPT to defend a client in traffic court, here in California. Or it could be books.

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Machine learning Law Law Intellectual Property 100