Eric Goldman

APRIL 9, 2025

Extensively citing Chabolla , the court rejects the arbitration request. The court says Plex’s relationship context cuts against TOS formation. The court’s treatment of the sign-up screen’s call-to-action is perplexing (no pun intended). Plex offers free video streaming.

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Justia Legal Marketing & Technology blog

APRIL 22, 2025

Journals are student-run publications that present articles by professors, judges, or other scholars, usually involving a certain legal issue or field. Meanwhile, legal skills competitions like moot court or mock trial allow students to hone these skills before using them in the real world.

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Law Law Judge Legal education 208

Eric Goldman

APRIL 23, 2025

Shopify said California courts lack personal jurisdiction over it. The district court agreed with Shopify, as did a three-judge panel of the Ninth Circuit. The en banc court issues a total of four opinions, and collectively they show Shopify was never close.

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Defendant Judge Law Law 81

Clio

JUNE 5, 2025

To have case information at your fingertips, whether you are heading into court or running in and out of the office, try Clio Manage and see how this cloud-based practice management tool can simplify your trial work. Another aspect of trial preparation is dealing with opposing counsel and the court prior to trial.

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Court Paralegal Judge Trial presentation 71

Debevoise Data Blog

FEBRUARY 14, 2025

In a ruling with potential implications for other pending generative artificial intelligence (AI) copyright cases, the United States District Court for the District of Delaware in Thomson Reuters Enterprise Centre GmbH & West Publishing Corp. ROSS Intelligence Inc. some creative spark.

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Eric Goldman

DECEMBER 20, 2024

The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. Prior blog post. On appeal, the Saskatchewan Court of Appeals affirmed the decision on a 2-1 vote. The lower court judge should feel good about his work.

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Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. As I recently mentioned , Judge Daniel is calling out overreaching joinder allegations in SAD Scheme cases. Judge Daniel responds unambiguously: “None of these arguments are persuasive.” Do better).

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Defendant Judge Court Lawsuit 52

Eric Goldman

MAY 20, 2025

The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. The court displayed all of the photos side-by-side, so of course we’re going to look at them. I guess that makes me old-school. So I think this is a SFW post.

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Defendant Court Judge Lawsuit 106

Eric Goldman

APRIL 25, 2025

The court summarizes the plaintiffs’ allegations: D.G. The court dismisses Roblox, Google, and Apple from the case. The Court has no trouble concluding that Roblox Corp. The Court has no trouble concluding that Roblox Corp. In a footnote, the court adds: “Plaintiffs argue that they seek to hold Roblox Corp.

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Lawsuit Defendant Court Failure-to-appear 75

Eric Goldman

FEBRUARY 11, 2025

[A surprising ruling from Judge Bibas (sitting as a district court judge by designation) in the Thompson Reuters v. Note 1: the court’s analogy to chiseling marble is wholly unpersuasive because sculptors have a wide range of freedom to express themselves, while summarizers of court opinions do not.

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Judge Court Software Law 59

Eric Goldman

APRIL 11, 2025

Pandabuy initially no-showed in the case, so the court converted the TRO to a preliminary injunction. Pandabuy eventually showed up in court and explained how it operates more like a passive facilitator than a seller or manufacturer. This additional context prompted the court to dissolve the injunction. SAD Scheme Cases Suck.

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Defendant Court Judge Lawsuit 52

Eric Goldman

JUNE 1, 2025

To dispose of various motions, the court must construe the statutory term “social media platform.” The court recognizes this drafting flaw: the text of the social media platform definition is broad. –the court sides with the statutory text and its massively overbroad definition. 230(e)(3).

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Defendant Court Failure-to-appear Judge 89

Eric Goldman

NOVEMBER 17, 2024

This is a copyright SAD Scheme case before Judge Harjani , appointed to the Northern District of Illinois ealirer this year. In this ruling, Judge Harjani questions joinder on his own initiative. In this ruling, Judge Harjani questions joinder on his own initiative. But I did blog one such case recently (Dongguan Juyuan v.

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Judge Defendant Court Time-tracking 52

Eric Goldman

MARCH 28, 2025

This blog post covers the YOLO case remand after that Section 230 ruling. The defendant claimed that the First Amendment barred the lawsuit “because the claims would interfere with Defendant’s First Amendment discretion to choose its own content moderation policy,” citing the O’Handley district court case.

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Defendant Lawsuit Court Judge 82

Berkley Technology Law Journal

JANUARY 24, 2025

District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range. On July 18, 2024, Judge Paul Englemayer dismissed most of the Securities and Exchange Commission (SEC)s landmark cyber enforcement case against SolarWinds Corp. However, a recent decision from the U.S.

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Failure-to-appear Court Judge Data protection 130

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. What Happened?

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Intellectual Property Defendant Court Judge 52

Debevoise Data Blog

JANUARY 13, 2025

But courts may take divergent paths on those issues, especially given the fact-specific nature of many of the plaintiffs challenges, which depend not only on their specific claimed rights but also on the way each AI company has trained their model and how those models function. Showing Substantial Similarity of Generative AI Outputs.

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Litigator Litigation Intellectual Property Defendant 52

Clio

APRIL 17, 2025

These predictions are based on analysis of large datasets, often including judicial decisions, court filings, case law, and other legal data. For example, by analyzing court decisions, a predictive analytics tool can assess your possible chances of winning using certain procedures and estimate the potential costs and awards.

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Analytics Law firm Law Law 52

Justia Legal Marketing & Technology blog

JULY 10, 2025

This engaging, practical session explores how to transform your legal writing using the Betty Flowers framework, a four-stage writing process that every attorney should know: Madman, Architect, Carpenter, and Judge. Gutierrez of the United States District Court for the Central District of California.

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Mediator Judge Litigator Litigation 188

Eric Goldman

FEBRUARY 26, 2025

The court dismisses the case entirely with leave to amend. The court responds: “Plaintiffs do not clearly identify the ‘product’ at issue or the ‘design defect’ it allegedly contains.” ” The court responds: Many of the statements simply describe what content is allowed on the platforms.

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Court Defendant Failure-to-appear Lawsuit 59

Clio

FEBRUARY 4, 2025

Palmer Chief Counsel, Illinois Supreme Court Commission on Professionalism and Adjunct Professor Comment on his posts with your two cents on anything from incomprehensible law language to AI ethics in law to the power of youth mentorshipwe bet hell comment back. Engage on topics like legal blogging or networking and follow his starter pack.

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Judge Intellectual Property Time-tracking Lawyer 94

Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

APRIL 24, 2025

JustAnswers’ TOS formation process was rejected in the California state courts. It fares no better in federal court. That seems likely to ensure a steady stream of appeals to the Ninth Circuit. * * * The court classifies all of the screens below as sign-in-wraps. JustAnswer LLC , No. 24-2095 (9th Cir.

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Failure-to-appear Judge Court Litigator 52

Eric Goldman

MAY 28, 2025

The court summarizes: Plaintiff does not argue that Modlily appears in the product name or description of these listings, or anywhere on the webpage itself. Echoing Patmont, the court said the “post-domain path of a URL, however, does not typically signify source. Patmont was followed by Interactive Products Corp.

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Defendant Judge e-filing Court 57

Eric Goldman

MARCH 17, 2025

I don’t normally start my blog posts with a meme, but this one tells you everything you need to know: * * * This blog post concerns the California Age-Appropriate Design Code (AADC), passed by the California legislature in 2022. Unsurprisingly, on remand, the district court declared the rest unconstitutional.

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Court Data protection Judge Law 52

Eric Goldman

FEBRUARY 12, 2025

The court refuses Temu’s preliminary injunction request. This opinion suggests this judge would have zero interest in enjoining rightsowners from this practice. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. Case Citation : Whaleco Inc. Alper Automotive v.

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Court State law Litigator Litigation 59

Eric Goldman

APRIL 7, 2025

The court credits Robinsons allegations that Roblox employees reviewed and approved Binello’s upload of Robinson’s copyrighted work, created a copy of that work, and stored that copy on the Roblox server. On this basis, the court distinguished VHT v. This court didnt do that. Robinson alleges that it was.

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Defendant Court Judge Law 86

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. District Judge Edgardo Ramos of the U.S. For example, U.S. 3d 293, 308 (S.D.N.Y.

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Litigation Litigator Judge Machine learning 52

Clio

FEBRUARY 4, 2025

By filing such a motion, youre asking the court to intervene in the discovery process on your behalf. Motions for discovery are important for getting the court to enforce discovery rules. E-discovery often requires more extensive court supervision and oversight. What is a motion for discovery? What is a motion to compel?

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e-discovery e-filing Litigator Litigation 52

Legal Expert Connections

JUNE 16, 2025

They’re looking for a strategic ally—someone who can: Analyze complex financial data and explain it clearly Prepare credible, courtroom-ready reports Hold up under deposition and cross-examination Communicate findings persuasively to non-experts (including judges and juries) Your marketing should reflect an understanding of their world.

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Attorney Litigator Litigation Divorce lawyer 52

Clio

JANUARY 20, 2025

Note: These objections apply to most jurisdictions, and many can also be used in a deposition setting or in court. However, it is important to remember that each state has different discovery rules, as does federal court. Response [applying federal court standard]: Objection.

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Legal advice Court Attorney Litigator 52

Nextpoint

JUNE 18, 2025

The webinar demonstrated how tools like Nextpoint can transform case preparation from disconnected documents and transcripts into an integrated story that resonates with judges and juries alike. As Anand noted, “People are just used to watching people appear remotely now.” Privacy Policy | Terms of Use 888.929.NEXT

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Legal tech Legal tech Trial presentation e-discovery 52

Eric Goldman

MARCH 4, 2025

The court says that Viral DRM’s exclusive “management” rights is not the same as ownership or an exclusive license to the copyright. The court says that Viral DRM doesn’t have standing to enforce the copyright. To be clear, the ruling I’m blogging today isn’t a SAD Scheme case.

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Defendant Judge Lawsuit Court 52

Eric Goldman

MAY 7, 2025

This court, in contrast, treats the copyrightability of prices as the easy question I always thought it should be: The only way to express the price of a particular diamond or type of diamond is with the specific number corresponding to that price. Note: the court surely meant Nivoda, not Rapaport. the abysmal CDN v. May 2, 2025).

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Lawsuit Defendant Judge Court 59

Justia Legal Marketing & Technology blog

JANUARY 14, 2025

In deciding whether a defendant should get out of jail , a judge will consider whether the defendant is likely to flee or pose a threat to public safety. If the judge allows for release, they usually will set an amount called bail that the defendant must post as a guarantee of returning for trial. What Does a Plea Bargain Look Like?

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Prosecutor Defendant Law Law 264

Eric Goldman

MARCH 7, 2025

The court takes two elements off the table immediately: “Plaintiffs do not contest that MMA was a user of an interactive computer service, nor that MMA received the Kane Email from another information content provider.” Labana Another Court Says Section 230 Applies to RetweetingHolmok v. Maxfield v. Truscello Batzel v.

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Court Judge Attorney Law 52

Debevoise Data Blog

JUNE 26, 2025

Meta Platforms (“Meta” ), the court similarly concluded that training an AI was fair use of copyrighted (and even pirated) works—but strongly suggested the outcome may have been different on a better-developed record. Just one day later, on June 25, 2025, Judge Chhabria handed down a decision in Meta , which cited Anthropic.

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