Berkley Technology Law Journal

JUNE 23, 2025

This blog post presents an overview of existing examples of judges responding to allegedly deepfaked evidence. What our limited case law tells us In some cases, judges have displayed strong displeasure at a party trying to pass the buck by crying “deepfake” without basis. For instance, Model Rule of Professional Conduct 3.1

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Eric Goldman

NOVEMBER 1, 2024

He also brought a similar but unrelated lawsuit against Noel Wells). Thus, this case becomes a costly education in defamation and anti-SLAPP laws. 30, 2024) Selected Posts on #MeToo Facebook Moderator Defeats Defamation Lawsuit Over Termination Explanation–Margolies v. Both Bannon and Bridgers filed anti-SLAPP motions to strike.

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Berkley Technology Law Journal

MAY 18, 2025

Competition and Markets Authority, and the European Commission pledged to remain vigilant about the risk that algorithms can allow competitors to share competitively sensitive information, fix prices, or collude on other terms or business strategies in violation of our competition laws. The lawsuit is scheduled to go to trial in October 2026.

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Eric Goldman

FEBRUARY 27, 2025

In other words… plaintiffs are once again arguing that deploying biometric-based age authentication violates privacy law. (I I previously blogged on this issue in 2023. Thus, lawsuits like this expose the damned-if-you-do, damned-if-you-don’t dilemma facing Internet services who are compelled to do age authentication.

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Eric Goldman

OCTOBER 27, 2024

” The court responds: “Plaintiff cannot sue Defendant based on what she thinks the law should—but does not—say.” She now has something in common with another more-famous Kennedy politician–an unsuccessful lawsuit against Facebook. Meta appeared first on Technology & Marketing Law Blog.

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Eric Goldman

APRIL 25, 2025

For her clear-eyed and no-nonsense responses to a heartbreaking but censorial lawsuit, especially in the face of heightened concerns about important social issues like kids, addiction, and AI, I’m awarding her the Technology & Marketing Law Blog “Judge of the Day” award. Case Citation : Angelilli v.

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Justia Legal Marketing & Technology blog

MAY 23, 2025

Although technical SEO alone won’t guarantee top rankings, it is crucial for effectively managing a law firm’s website. For law firm websites, HTTPS protects sensitive information and builds trust by showing users that the site is safe and secure. It is critical for website security and search engine rankings.

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Eric Goldman

MARCH 9, 2025

Better yet, water down or eliminate any “promises” about notices, explanations, or appeals (to the extent permitted by law) so that the plaintiffs can’t deploy any tendentious reading skills. The post Another Lawsuit Over Online Content Restrictions Fails–Qian v. Case Citation : Qian v. The complaint.

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Eric Goldman

MAY 27, 2025

Riehl asked ChatGPT to summarize a lawsuit involving the foundation. Riehl knew that ChatGPT’s claim was fishy and that the ChatGPT version he was using had an index cutoff date before the lawsuit filing. Implications Wow, this lawsuit was terrible. ” Life is too short to file lawsuits like this.

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Berkley Technology Law Journal

JANUARY 17, 2025

These issues have culminated into legal actions, such as the Equal Employment Opportunity Commissions (EEOC) first AI hiring discrimination lawsuit against a companys hiring program that automatically rejected female candidates over 55 and male candidates over 60.

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Justia Legal Marketing & Technology blog

MARCH 11, 2025

What Do You Need To Prove in a Birth Injury Lawsuit? Birth injury lawsuits usually involve negligence claims. Many states require affidavits of merit out of concern that healthcare providers would face lawsuits that lack a valid basis if this screening requirement didnt exist. This tends to require proving four elements.

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Colin S. Levy

NOVEMBER 5, 2024

Start by setting up a quarterly review of all litigation data to spot trends—this might reveal patterns like a surge in employment-related lawsuits or shifts in IP case outcomes. " Data-Driven Law: Data Analytics and the New Legal Services " by Edward J.

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e-discovery Analytics Legal tech Legal tech 106

Eric Goldman

MAY 25, 2025

Separately, he brought a lawsuit over the Are We Dating the Same Guy? I fear legislatures have done an incomplete job of this adversarial wargaming when enacting new sui generis laws like anti-doxxing statutes. Defendant-victimization is also a main justification for broadly applicable anti-SLAPP laws.

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Clio

DECEMBER 18, 2024

Whether youre a law student attempting to master case briefing, or a lawyer seeking to re-learn this skill to advocate more effectively, this blog post provides a useful cheat sheet to make tackling case briefs more efficient. For law students, this will be the main takeaway of the case, as intended by your professor.

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Eric Goldman

MAY 24, 2025

If you’ve been reading the blog for a while, you have a pretty good idea of how this case will end. The post YouTuber Loses Lawsuit Over Account Suspension–Hall v. YouTuber appeared first on Technology & Marketing Law Blog. Contract Breach. Case Citation : Hall v. YouTube, LLC, 2025 WL 1482007 (N.D.

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Eric Goldman

MARCH 28, 2025

Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. So where exactly is the Ninth Circuit’s law on this topic? I don’t know.

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Eric Goldman

OCTOBER 22, 2024

The court says the plaintiff had standing: “Salazar’s alleged injury stems from the unauthorized disclosure of his personal viewing information, which is closely related to at least one common-law analog traditionally recognized as providing a basis for a lawsuit in American courts: public disclosure of private facts.”

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Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Corporations are legally independent entities, so a creditor or a person filing a lawsuit against a corporation usually cant reach your personal assets, although there are some exceptions. Some people also may find it a hassle to comply with the strict requirements under state law for starting and operating a corporation.

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Clio

APRIL 17, 2025

This is where law firm predictive analytics come to the rescue. By leveraging AI and other technologies, law firms can uncover patterns and trends across vast datasetsturning raw information into actionable insight. What is predictive analytics for law firms?

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Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 6] Despite these challenges, plaintiffs are not slowing down, and new lawsuits were filed at a steady clip over the course of 2024.

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Eric Goldman

JUNE 9, 2025

by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. And there is a legal regime dedicated to that issue, and it’s called copyright law. A real party-in-interest to this lawsuit is OpenAI.

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Eric Goldman

JUNE 6, 2025

But it’s still worth following, because these narrow and technical areas of the law are likely where these decisions are headed. The lawsuit boils down to two key allegations, (1) OpenAI uses copyrighted content to train their LLMs, and (2) occasionally spews out copyrighted content in its answers to customer queries. . §

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Colin S. Levy

NOVEMBER 19, 2024

Innovations in artificial intelligence (AI), particularly generative AI (GenAI), cloud computing, and data analytics, present both challenges and opportunities for law firms and in-house legal departments. For law firms, the question centers on how to deploy these tools without undermining the billable hour model that underpins profitability.

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Eric Goldman

MAY 20, 2025

.” Remember this perspective when the Ninth Circuit analyzes the various censorial state laws designed to control or strip away “platforms'” curatorial or discovery efforts. ” I will have you know that I am fully showered and wearing (mostly) clean clothes (and not my jammies) as I write this blog post.

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Debevoise Data Blog

JUNE 4, 2025

In this blog post, we provide an overview of the technologies that plaintiffs most commonly target for CIPA lawsuits and measures that companies can take to mitigate their CIPA litigation risk. We have separately addressed regulatory enforcement trends from businesses use of cookies in this blog post. Enable Opt-Out Mechanisms.

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Litigator Litigation Time-tracking Lawsuit 52

Eric Goldman

DECEMBER 20, 2024

This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. Prior blog post. The law has long accommodated for this, and courts are often called upon to determine the legal import of a multitude of communication types between individuals.

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Eric Goldman

DECEMBER 18, 2024

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). Neither the statutory language nor the case law suggests that applicability of 230(c)(1) turns on the type of third-party speech involved. Case Citation : Lloyd v. Facebook, Inc.

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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 appeared first on Technology & Marketing Law Blog. Capital One defended on Section 230 grounds (among others). ” Groan.

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Eric Goldman

JUNE 10, 2025

Google (Catch Up Post) Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels More Chaos in the Law of Online Contract Formation Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed The post Clickwrap Formed Even When a Consumer Has Limited Time to Act–Washington v.

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Time-tracking Defendant Court Lawsuit 57

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. Such allegations fail to state a claim under products liability law. removal of the reported videos.

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Justia Legal Marketing & Technology blog

FEBRUARY 18, 2025

Our upcoming webinar will explore these evolving intersections by diving into high-profile lawsuits that are shaping the legal boundaries of AI, analyzing legal tests and arguments involved, examining the implications of the DMCA concerning AI, and discussing potential liabilities and legal uncertainties for developers and rights holders.

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Eric Goldman

FEBRUARY 16, 2025

The opinions came out faster than I could blog them. I’m not going to comprehensively blog each of the opinions, but I’ll round up some highlights here to get these out of my queue. A reminder: this lawsuit is a battle royale. Each side has phalanxes of lawyers, and no point is too picayune to spar over.

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CloudNine

APRIL 15, 2025

The conference featured a wide range of insightful sessionscovering topics from artificial intelligence, custodian interviews with modern data challenges, case law updates, and social media collection and analysis. That evidence was found publicly, but only for a short window before it was removed.

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e-discovery Due diligence e-filing Compliance 59

Eric Goldman

JUNE 11, 2025

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

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Eric Goldman

MARCH 20, 2025

Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. Homeaglow appeared first on Technology & Marketing Law Blog. The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge.

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Eric Goldman

MAY 18, 2025

It is one of the many video game addiction lawsuits percolating throughout the courts nationwide. In between the issuance of this ruling and my belated blogging of it, Roblox won a decisive dismissal in a different addiction case ( Angelilli v. The court applies the law formalistically: N.O. Roblox Corp. 2025 WL 694428 (M.D.

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Court Lawsuit Law Law 59

Eric Goldman

MAY 7, 2025

”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? ” And yet…the copyright law jurisprudence is littered with cases saying or implying that individual prices could be copyrightable (e.g., This lawsuit was filed in early January.

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