Eric Goldman

FEBRUARY 27, 2025

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. Selected BIPA Blog Posts Augmented Reality Filters May Violate Privacy LawHartman v. See Kuklinski v.Binance ). Confirm ID, Inc.

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Debevoise Data Blog

JANUARY 13, 2025

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. In Millette v. OpenAI, Inc.,

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Eric Goldman

OCTOBER 7, 2023

In response, she has brought several trash lawsuits, which have gone as well as you’d expect. Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. The court dismisses the lawsuit on several grounds, including res judicata. The complaint.

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Eric Goldman

FEBRUARY 28, 2024

Last Friday, the parties stipulated to dismiss their lawsuit, with Meta formally waiving its right to appeal the controversial January 23rd decision from Judge Chen. Not that Meta has completely abandoned web-scraping litigation. Bright Data appears to have prevailed in its dispute against Meta.

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Above the Law - Technology

APRIL 11, 2024

But that all came crashing down after I reported in 2016 of Bluford’s settlement of a lawsuit charging him with impersonating a lawyer, forging legal documents and fraudulently swindling two clients. As of this writing, the lawsuit is ongoing. Following my report, QuickLegal quickly shut down. Gavelytics. million in funding.

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Eric Goldman

MARCH 10, 2023

Represented by lawyers Maria Cristina Armenta and Credence Elizabeth Sol (who keep expanding their oeuvre of failed lawsuits against Internet services), Daniels claimed YouTube had to comply with 1983 because YouTube became a state actor. My blog post on that ruling. Alphabet appeared first on Technology & Marketing Law Blog.

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Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Google appeared first on Technology & Marketing Law Blog.

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Trellis.Law Blog

JULY 31, 2024

Since 1985, the firm has defended corporate clients in high-exposure and technically intricate lawsuits… Continue reading → The post Deep Trellis State Court Capabilities Help Bowman and Brooke Track Trends and Defend Mass Tort Litigation in State Courts first appeared on Trellis.Law Blog.

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Eric Goldman

SEPTEMBER 5, 2023

Or was this just a ploy to find any tenable legal theory against YouTube so it could be exploited in future litigation? Lawsuits over content removals never succeed. The post Anti-Vaxxer’s Lawsuit Over Channel Removal Fails–Mercola v. YouTube appeared first on Technology & Marketing Law Blog.

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Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I would welcome yours.

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Trellis.Law Blog

MARCH 7, 2024

Approximately 41,000 civil lawsuits are filed daily in the U.S., This represents a goldmine of information about the litigation process. Read Our Article… Continue reading → The post ⚡Primer on Using State Court Trial Data for Business and Competitive Intelligence first appeared on Trellis.Law Blog.

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Eric Goldman

AUGUST 20, 2023

We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. Either way, looping Facebo0k into this litigation was a terrible decision. The post Facebook Easily Defeats Lawsuit Over User Posts–Hicks v. Whoa, what a flashback. LifelongLearning.

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Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. In some cases, a consumer might resort to alternative dispute resolution , rather than litigation. Either arbitration or mediation may be faster and less expensive than litigation.

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Hanzo Blog

FEBRUARY 8, 2023

Last year , the FTC announced they were going to “crackdown on harmful commercial surveillance and lax data security,” and have been pursuing a number of lawsuits as a result. Many of these are bold in their approach, which may catch many corporate legal teams off guard.

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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. Arbitration is more formal than mediation but less cumbersome than litigation. What Are the Pros and Cons of Starting a Corporation?

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Eric Goldman

APRIL 3, 2023

Still, a few Justices seemed to like the fact that Rogers is an objective analysis with a reasonable person standard that allows courts to dismiss weak trademark claims early in a lawsuit. The expense of litigation may chill speech. Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Eric Goldman

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Many of those contractual anti-scraping lawsuits were successful.

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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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Eric Goldman

DECEMBER 10, 2023

.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors’ alleged misdeeds, going so far to breathlessly issue a press release that it had “filed a $500 million lawsuit against tech giant Amazon.” As my blog coverage makes clear, I am not a fan of those opinions).

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Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world. Now, the primary vehicle to stop web scraping is with breach of contract claims.

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Eric Goldman

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. This blog post recaps what’s happened to the Gonzalez case since then. Twitter * “Material Support for Terrorism” Lawsuit Fails a Third Time–Colon v.

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CaseFox

NOVEMBER 27, 2023

Exposure lawsuits, a legal avenue that addresses harm resulting from exposure to hazardous substances or conditions, have witnessed a dynamic evolution over the years. In this blog post, we will take you on an interesting journey embarking on the trends, challenges, and future possibilities related to exposure lawsuits.

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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. His lawsuit against Facebook was dashed by Section 230 in the district court. The Netflix documentary of his story will be called “Moby Fyk.” Freedom Def.

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Eric Goldman

SEPTEMBER 18, 2024

For example, I remain irritated about the BIPA lawsuits to try to prevent Internet services from using anti-CSAM blocklists and face scans for age authentication purposes. Selected BIPA Blog Posts AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Case Citation : Hartman v. Meta Platforms, Inc., Martell v.

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Eric Goldman

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. This becomes yet another unsuccessful account termination/content removal lawsuit. This creates a lot of costly and distracting litigation, even if the courts ultimately reject the claims–another collateral cost of the regulatory intervention.

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CloudNine

APRIL 15, 2025

For this blog, Im focusing on the session that explored the power and process of social media collection and analysis, which stood out as particularly timely and impactful. The session on social media was titled Unlocking Social Media Data, sponsored by SMI Aware, and examined the investigative value of social media evidence.

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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. Section 230 wasn’t a main issue in most of those litigation battles, and it doesn’t work here. Capital One appeared first on Technology & Marketing Law Blog. ” Groan.

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Legal Tech Blog

JANUARY 11, 2023

Pre/Dicta , claiming itself the only litigation analytics platform that makes predictions about the outcome of federal lawsuits, announced the acquisition of Gavelytics, a pioneering judicial analytics platform for state court cases. This deal is a major milestone for Pre/Dicta and the entire field of predictive litigation analytics.

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Clio

APRIL 17, 2025

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? Predictive analytics can be used at all stages of litigation.

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Eric Goldman

MAY 28, 2025

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. I would counterargue that litigation errors are the PREDICTABLE, FORESEEABLE, and INEVITABLE consequence when SAD Scheme plaintiffs corner-cut on due process.

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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. Thus far, the entire lawsuit failed on prima facie grounds, before the court reached Section 230.

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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. All of this gives rise to the potential for ambiguity and uncertainty and, indeed, litigation. Case Citation : Achter Land & Cattle Ltd.

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MatterSuite

MARCH 14, 2024

Whether you are a business person dealing with contractual disputes or an individual who has been injured by a defective product, the high cost of litigation– attorney fees –can quickly prevent you from seeking legal redress. This is where litigation finance (also known as litigation funding or legal financing) comes in.

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Eric Goldman

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. The Internet is awash in lawsuits related to this collection of data. Guest Blog Post) appeared first on Technology & Marketing Law Blog. Which is probably a big part of the reason that many judges have been eager to distance themselves from it.

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Eric Goldman

OCTOBER 6, 2023

McGucken is a professional photographer who has appeared on the blog before. Is the attorneys’ fee shift motivating some or all of this lawsuit? I’m sure ShutterStock would have written a $2,131 settlement check to avoid the litigation. Last year, ShutterStock won a very similar lawsuit in Steinmetz v. ShutterStock.

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Eric Goldman

DECEMBER 13, 2024

Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? Some attorneys speculate that the sad beige influencer litigation could lead to a deluge of similar suits. Sheil (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Eric Goldman

OCTOBER 28, 2023

The parties are already in litigation. The generic manufacturer is already under a litigation hold. Violating that hold will lead to adverse consequences in the litigation as well as possible criminal punishment. With that context, it is usually unreasonable for one litigant to blindside its opponent with an ex parte demand.

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