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Generative AI’s (“genAI”) ability to “deepfake” audiovisual evidence presents dual concerns: (1) parties could present deepfaked evidence as real, or (2) parties could challenge real evidence as deepfaked, requiring resources for evidence validation on top of the already lengthy and expensive litigation process. At the Wisconsin v.
This allows them to better assert their rights and protect their interests if they end up in litigation. The judge can rule in favor of one party or the other at this point because they dont need the help of the jury to apply the law. (A A judge will decide this type of case on their own. What Can You Ask a Court To Do?
But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectual property rights.
AI in Litigation and Case Management: Transforming the Legal Landscape Technology is in every aspect of our lives; the legal field is no exception. The integration of artificial intelligence (AI) into litigation and case management is revolutionizing how legal professionals operate. However, AI significantly streamlines this process.
” [The $2,500 amount was suggested by the presiding judge at a settlement conference, which the defendant turned into an offer of judgment.] However we get there, the overall litigation enterprise here makes no economic sense. KMC appeared first on Technology & Marketing Law Blog.
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).
Further insights could be gleaned based on the type of case, jurisdiction, judge, or even opposing counsel. Predictive analytics can also guide whether to settle or proceed to court on a file based on analysis of past settlements, litigation costs, and opposing counsels behavior. How does predictive analytics work in litigation?
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. Jansson is a litigation associate in the Los Angeles office of Gibson, Dunn & Crutcher. ET/10:00 a.m.
Prior blog post. The Majority Opinion For the most part, the majority opinion endorses the lower court decision, repeatedly saying (in essence) that the lower court judge got it right (or least didn’t make any obvious errors). The lower court judge should feel good about his work.
On January 27, 2025, a federal judge in the Northern District of California ordered OpenAI to produce a dataset to plaintiffs counsel that was used by the company to train its generative AI model, GPT-4. To subscribe to the Data Blog, please click here. What Happened? The order came in the closely watched Tremblay v.
Forensic accounting plays a critical role in business litigation. Even the most skilled forensic accountant won’t get far without effective marketing—especially when targeting a niche audience like business litigators or divorce attorneys. Business litigators or divorce lawyers aren’t just looking for a “number cruncher.”
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.
Likening the process of crafting headnotes to that of a sculptor chiseling through marble, Judge Bibas wrote that a sculptor creates a sculpture by choosing what to cut away and what to leave in place. To subscribe to the Data Blog, please click here. some creative spark. Feist Publications, Inc. 340 (1991).
Examples of AI generated evidence could include: In a securities litigation, an AI system analyzes stock trading patterns over the last ten years to demonstrate the relative magnitude of the stock drop as a percentage of the Dow Jones Industrial Average, or to assess how likely it is that the drop in price was caused by a particular event.
In other circumstances where a SAD Scheme plaintiff gets caught making a serious litigation error, the judge typically will resolve the motion on its desk and move on. If I were a judge, and I realized that Modlily’s bad case prep had led me to grant extraordinary relief to Modlily, I would be PISSED.
First, the term is not standard for this litigation genre. 3) If you want to avoid the first two points, use a two-click process (a “clickwrap”). * * * Judge Nelson, author of the panel opinion, wrote a concurrence to his own opinion. JustAnswer appeared first on Technology & Marketing Law Blog.
Build Your Case Story: Start Early “Don’t wait until you’re getting ready for trial to start figuring out what story you want to tell,” advised Anand Mathew, VP of Litigation Support Services at Nextpoint Law Group. This key message resonated throughout the webinar. Effective case presentation begins long before trial.
In this blog, well explore what you need to know about AI for personal injury law firms and the tools that can help you take back control of your time. Trellis and Premonition analyze vast amounts of similar cases to predict settlement ranges and litigation outcomes specific to your jurisdiction, judge, and case details.
A trial is the dramatic apex of the litigation process. A trial preparation checklist can help you and your litigation team stay on track. A trial preparation checklist can help you and your litigation team stay on track. After closing arguments, the judge or jury deliberates and delivers a verdict.
Any litigator will eventually have to contend with motions to compel discovery (also known as motions for discovery). Here, we explore in more detail the role of these motions in modern litigation. A motion for discovery is a legal motion filed to enforce discovery rights, whether in civil or criminal litigation.
Given that they are litigating 512(f), your wish was partially granted. This opinion suggests this judge would have zero interest in enjoining rightsowners from this practice. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v.
The discovery process is a critical element of litigation, and objections to discovery requests are every bit as essential. Any legal professional working in litigation needs to know how to make these objections, and how to respond when the opposing side makes them. This is why a cheat sheet for discovery objections can be valuable.
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. ” * * * Judge Beth Labson Freeman did an exceptionally good job with this opinion.
Prior blog post on the district court ruling. Back in the old days, judges were baffled by keyword advertising. ” Wow, talk about appellate judge making up facts. The Concurrence In her concurrence, Judge Desai would have gone further to say that competitive keyword advertising isn’t a trademark use in commerce.
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.
I think this lawsuit previews the future of Section 230 litigation. This judge doesn’t get fooled by the repackaging, but other judges with an anti-230 bent would be more receptive to it. This judge doesn’t get fooled by the repackaging, but other judges with an anti-230 bent would be more receptive to it.
If the judge thinks its reasonable, the judge can allow it. But here, the judge invited the parties to engage in extensive letter-briefing on the motion to amend the claims. The judge decided that this was an actionable deprivation of use of its servers, and allowed the TTC claims to proceed. Here, X Corp.
Background on the Anthropic and Meta Litigations In both Anthropic and Meta , authors brought suits alleging that LLM developers pirated their copyrighted works and subsequently used them to train the companies’ proprietary LLMs. Just one day later, on June 25, 2025, Judge Chhabria handed down a decision in Meta , which cited Anthropic.
This opinion is particularly painful because the judge repeatedly demonstrates that he is under- or ill-informed about basic social science principles. Ultimately, the challengers have to do more to educate the judge, but the time and space constraints made that hard to do. This judge needs an education in media studies STAT.
In those cases, the district court judge has drawn its distinctions between claims based on third-party content and claims that don’t depend on the content per se. 18, 2025) Prior Blog Posts About Grindr Section 230 Defeats Underage Users Lawsuit Against GrindrDoll v. This panel reiterated that the 230 exceptions have limits.
In other words, the court took what used to be an easy prong–all claims were publisher/speaker claims unless they were the statutory exclusions–and issued a blank check to judges to do whatever the hell they want with Section 230 cases. It’s been nice to see some judges finally pushing back on the scheme. In Bride v.
General family law statistics Before we jump into litigation trends, let’s take a moment to look at how American family structures have changed. Self-representation in family law One of the most significant challenges facing the family law system today is the prevalence of self-represented litigants.
A few recent copyright cases worthy of blog coverage, but not worthy of a standalone post. I can’t tell why the plaintiff’s narrative fell so flat before this judge, but I don’t know how repeatable this ruling is. Guest Blog Post) The Graduated Response Deal: What if Users Had Been At the Table? (Co-Authored
That’s a litigation strategy, I guess. But the plaintiffs found a judge who gave them enough benefit of the doubt to survive a motion to dismiss. Amazon appeared first on Technology & Marketing Law Blog. Given that track record of futility, it’s surprising to see any of these cases gain any traction at all.
It is ironic that ClassPass now argues Chabolla unambiguously manifested her commitment to an arbitration clause Another takeaway: if you say “no commitments,” judges will take great delight in hoisting you with your petard if you try to then impose commitments on consumers. In fact, the website advertises [n]o commitments.
One possible outcome is that intermediate plaintiff wins like this opinion offer false hope for the long-term success of this litigation genre. That, combined with the novelty of Generative AI and the judge’s uncertainties about the technology, flummoxes the judge. It is a heartbreaking set of facts. and Google.
[Note: my blogging hiatus is due to a trip to China. I will return to the US this weekend and presumably resume my regular blogging cadence then.] Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. This is a confusing lawsuit that has been through several names, including “Sarah v.
Judge Nicholas Ranjan of the Western District of Pennsylvania has issued a standing order titled “‘ SCHEDULE A’ CASE STANDING ORDER.” ” I couldn’t find the order on Judge Ranjan’s website or via standard Google searches. Instead, it appeared on the docket of BUSH v. ” ex parte TROs.
I’m continuing my coverage of the blog’s 20th blogiversary. I asked readers to share their favorite blog topics, posts, and memes. ” __ “I’ve always turned to your blog when SCOTUS copyright decisions come down. Readers’ Favorite Topics “the emoji law genre.
I’ll restart my normal blogging, but I’m having trouble focusing.] This is a design patent SAD Scheme case before Judge Jeremy C. The joinder problems should be obvious even without any past litigation experience, but at least the judge is now preemptively asking the right questions.
I did a fairly lengthy blog post on the intersection of copyright law and city council videos a decade ago; and see this piece by Frank LoMonte about the intersection between copyright law and FOIA laws for government records. 14, 2024) A magistrate judge recommends sending a 512(f) case to trial. Kilgore , 2024 WL 5295080 (W.D.
I’m primarily blogging this for the Section 230 discussion, but the Vullo/jawboning discussion is also in-scope. Is Breaking Internet Law Faster Than I Can Blog It Plaintiffs Lack Standing to Sue Over Government Jawboning When Their Evidence is Based on Vibes–Murthy v. Hwang’s organization sued Newsmatics and McAleer.
The account termination lawsuits keep coming , so I’ll keep blogging them. Is Breaking Internet Law Faster Than I Can Blog It A Peek Into the Long Tail of Facebooks Litigation Docket Jawboning Defendants Are 6-for-6 in the Ninth CircuitHart v. Twitter First Voters Reject Tulsi Gabbard, Then a Judge DoesGabbard v.
” A reminder that Section 230 cases often require the judges to apply the immunity to tragic facts. Yet, its wording was cumbersome enough that plaintiffs have nevertheless sought to overturn that modification–and have gotten some district court judges to agree along the way. raise the scienter bar.
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