Berkley Technology Law Journal

JANUARY 12, 2025

Genetic privacy is currently governed by the Genetic Information Nondiscrimination Act (GINA), Health Insurance Portability and Accountability Act (HIPAA), and state laws. Yet, the impact of these laws on direct-to-consumer DNA testing is somewhat narrow.

State law 130

State law Law Law 130

Eric Goldman

JUNE 14, 2025

This is one of those oh-so-stupid hard-eyerolling lawsuits that I blog for coverage purposes, but I blog it joylessly and with annoyance at the wasted time. Section 230 precludes his ancillary state-law claims, such as the publicity rights claim, over user content posted after Rogozinski lost control over the subreddit.

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Lawsuit State law Law Law 83

Trellis.Law Blog

FEBRUARY 28, 2024

On Monday, the Supreme Court heard oral arguments in a case concerning laws passed in Florida and Texas over whether state governments are allowed to create rules to address social media companies’ alleged censorship of conservative viewpoints on their platforms.…

State law 100

State law Law Law Court 100

Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

The Products Liability Law Center in the Justia Legal Guides aims to illuminate this area of the law, helping injured people protect their rights. A plaintiff may raise both theories if state law and the facts of the case permit. These cases may become more complex than ordinary personal injury claims, though.

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Defendant Law Law Lawsuit 264

Justia Legal Marketing & Technology blog

OCTOBER 13, 2023

The International Law Center at Justia explains this membership process and describes each of the major organs in the UN, such as the General Assembly, the Security Council, and the Secretariat. First, it resolves disputes between nations by applying principles of international law. Law The Supremacy Clause of the U.S.

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International law Law Law Court 264

Justia Legal Marketing & Technology blog

APRIL 23, 2024

States impose a wide range of penalties for DUI or DWI offenses. Thus, all drivers should know how these laws work. Justia offers a DUI & DWI Law Center , among the dozens of Justia Legal Guides that we have compiled for consumers. A driver can refuse a chemical test , but they should know about implied consent laws.

Law 260

Law Law Federal law State law 260

Kevin O'Keefe

JANUARY 25, 2023

The single biggest impediment to blog success for lawyers is failing to focus on a niche. Niche blogs become must reads for an audience, enable a lawyer to build a reputation (often where no other lawyer is playing) and enable relationships to flourish, often for work outside the niche. The tighter the niche the better.

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Estate planning Intellectual Property Lawyer Federal law 130

Justia Legal Marketing & Technology blog

APRIL 5, 2023

This is why some Americans resort to tax advisors, attorneys, or other professionals to help them meet their obligations under tax laws. Even people who can afford it may want to know the basics about how the law works before diving into the details, or deciding whether they want professional help.

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Law Law Bankruptcy Federal law 246

Eric Goldman

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. It lost for two reasons: one grounded in contract law and the other external.

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Judge State law Court Federal law 130

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Workers’ Compensation Law Center in the Justia Legal Guides describes what makes a worker eligible for these benefits, the procedures that they need to follow, and other key issues that victims of job-related harm should know when asserting their rights. Certain agricultural and domestic workers may be exempt, for example.)

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Workers Compensation Law Law Time-tracking 242

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

In addition to educating the public and helping develop policies, the agency can bring legal actions against people or businesses that have allegedly violated consumer protection laws. The Consumer Protection Law Center at Justia provides more details about how the FTC helps protect consumers from deceptive and unfair business practices.

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Mediator Dispute resolution Law Law 241

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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Defendant Court Judge Lawsuit 106

Justia Legal Marketing & Technology blog

FEBRUARY 22, 2023

We’re happy to provide a Sports Law center in our Justia Legal Guides for fellow fans who may be interested in legal issues that can affect athletes. Some areas of law are not specific to professional athletes but could raise certain issues related to their occupation. It aims to make the law transparent and accessible to all.

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Law Law Federal law Attorney 215

Justia Legal Marketing & Technology blog

MAY 6, 2025

The Debt Relief & Management Legal Center in the Justia Legal Guides explains the law in this area while offering some practical insights. However, this law doesnt cover collection activities by the original creditor. Some states have fair debt collection laws that may provide broader or different protections.

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Lawsuit Bankruptcy State law Law 171

Eric Goldman

NOVEMBER 27, 2024

Eventually, both state legislatures and Congress banned the practice. The flagship law in this area is the Consumer Review Fairness Act, enacted by Congress in 2016. My primer on that law. California enacted a similar law, Civil Code 1670.8, California enacted a similar law, Civil Code 1670.8, Amazon.com, Inc.

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Defendant Law Law Court 77

Debevoise Data Blog

SEPTEMBER 30, 2021

What is less known is that many of these states also impose substantive cybersecurity requirements. In this Debevoise Data Blog post, we examine the general cybersecurity obligations under state law, including common themes and recent developments. Since then, approximately 23 states and Washington, D.C.

State law 52

State law Law Law Compliance 52

Eric Goldman

JULY 18, 2023

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Court Litigation Litigator Case law 98

Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Some people also may find it a hassle to comply with the strict requirements under state law for starting and operating a corporation. For example, anti-discrimination laws forbid firing an employee because they have a certain protected characteristic, such as a particular race, national origin, gender, or religion.

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Mediator Workers Compensation Due diligence Court 135

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 98

Eric Goldman

AUGUST 24, 2023

LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. This is true even though the law does not recognize that they have a property interest in it, and even if though expressly disclaim any property rights in that data in their terms of use. It’s user-generated content.

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Intellectual Property Court Litigator Litigation 98

Legal Tech Monitor

FEBRUARY 28, 2024

On Monday, the Supreme Court heard oral arguments in a case concerning laws passed in Florida and Texas over whether state governments are allowed to create rules to address social media companies’ alleged censorship of conservative viewpoints on their platforms.

State law 52

State law Law Law Court 52

Eric Goldman

AUGUST 22, 2023

copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal. The slides.

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Court Defendant State law Software 98

Justia Legal Marketing & Technology blog

MAY 7, 2024

State law may require a driver to report an accident to the police if it caused injuries or extensive damage. States that use modified comparative negligence reduce the damages award by the victim’s percentage of fault unless it reaches 50 or 51 percent, depending on the state. Should I hire a car accident lawyer?

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Accident Lawyer Injury Lawyer Lawyer State law 264

Eric Goldman

FEBRUARY 12, 2025

Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v. Zen Path * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver Lenz v.

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Court State law Litigation Litigator 59

Debevoise Data Blog

DECEMBER 31, 2021

In June 2020, Debevoise’s Data Strategy and Security practice group launched the Debevoise Data Blog , where we regularly publish our insights on developments and trends in cybersecurity, artificial intelligence, and privacy. To subscribe to our Data Blog, please click here.

State law 52

State law Court Legal technology Legal technology 52

Eric Goldman

MARCH 4, 2023

I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018 ?). Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. Xcentric appeared first on Technology & Marketing Law Blog.

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State law Court Defendant Lawsuit 97

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. With Section 230 out of the picture, the opinion must march through a multi-state analysis for various claims.

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Defendant Court Litigation Litigator 57

Eric Goldman

JUNE 4, 2023

” The court summarizes: “Google has immunity from her state law claims, as it cannot be held liable for search engine results showing a third party’s statement.” Pennsylvania State Law Enforcement, 2023 WL 3767745 (E.D. PA Law Enforcement appeared first on Technology & Marketing Law Blog.

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Law Law Court State law 75

Legal Talk Network

FEBRUARY 7, 2019

We recently attended the Inspire.Legal conference at New York Law School in New York City. Christian is the Head of Strategy at Reynen Court LLC as well as the author of the Blacklines & Billables blog which, by the way, has its own podcast. What happens when a super star conference dweller decides to throw his own?

Hearing 130

Hearing Court Legal technology Legal technology 130

Eric Goldman

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess.

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Court Defendant Lawsuit State law 115

Eric Goldman

AUGUST 27, 2024

There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. This case involves the videogame NBA 2K, not a stranger to this blog. Amazon appeared first on Technology & Marketing Law Blog. Amazon Web Services Inc., 2024 WL 3842563 (W.D.

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. Common Law Trespass to Chattels Per Hamidi, common law trespass to chattels plaintiffs must show a measurable loss to computer system resources.

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Time-tracking Judge Law Law 119

Debevoise Data Blog

JANUARY 13, 2025

Although many of those complaints focused on the core copyright and trademark infringement theories present in the earliest AI lawsuits, plaintiffs have begun diversifying their claims to include false advertising and unfair competition, along with other state-law causes of action. To subscribe to the Data Blog, please click here.

Litigation 52

Litigation Litigator Intellectual Property Defendant 52

Debevoise Data Blog

JANUARY 17, 2025

LinkedIn fined 310 million for GDPR breach: The Irish DPC fined LinkedIn for breaching GDPR requirements of lawfulness, fairness and transparency. Businesses who carry out large-scale processing activities or train algorithms may wish to ensure that they have a clear lawful basis for processing personal data.

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Data protection Compliance Court State law 52

Berkley Technology Law Journal

JULY 9, 2022

[Sonali Khanna] 0:12 You’re listening to the Berkeley Technology Law Journal Podcast. To give us a taste of these developments, our guest for today is Professor Molly Van Houweling, a clinical professor at UC Berkeley School of Law, a legal scholar, and an American cyclist. I’m Sonali Khanna. And we’ll start with the basics.

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Intellectual Property Law Law Court 130

Inside Privacy

MAY 3, 2023

He opined that Member States’ law may not stipulate conditions going beyond those set out in the GDPR that make it more difficult to impute GDPR infringements to companies. Member States laws may not require this to be a pre-condition to impose a GDPR administrative fine. (2) companies). The case arises from a €14.5

State law 79

State law Court Data protection Law 79

Eric Goldman

APRIL 8, 2025

The first time I blogged about them , they brought a SAD Scheme suit that initially resulted in an ex parte TRO. The second time I blogged about them , their case fell apart because their purported exclusive enforcement rights weren’t sufficient to confer copyright standing. Longarzo * Another 512(f) Case FailsHandshoe v.

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Defendant Court Lawsuit State law 52