Eric Goldman

FEBRUARY 14, 2024

A rare case analyzing Section 230’s intersection with admiralty law. GMB defeats the estate’s claim on Section 230 and other grounds. And as is evident in particular from this case, Get My Boat uses its authority to hold funds from members while it conducts investigations into certain claims. ICS Provider.

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Lawsuit Court Legal research Litigator 73

Eric Goldman

FEBRUARY 20, 2023

Second, coverage of the oral arguments will be overwhelmed by the misguided and erroneous bloviating by so-called experts (such as the “national security experts”) who are new to Section 230 and don’t understand the law–or care about free speech or freedom–at all. Free RSVP.

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Court Hearing Litigator Litigation 92

Eric Goldman

MAY 15, 2023

If you’re interested in working with me to adapt this blog post into an academic essay format, email me.] This blog post is about the following two phrases: “[T]he Communications Decency Act was not meant to create a lawless no-man’s-land on the Internet.” How does that relate to Section 230? It doesn’t.

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Litigator Litigation Court Law 82

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. The court responds: The result in Lemmon makes sense, of course, because the plaintiffs there did not attempt to hold the defendant liable for publication of third-party content. She sued Snapchat for her harms. As usual nowadays, the plaintiffs invoked Lemmon v. Cite to Vazquez v.

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Defendant Failure-to-appear Court Judge 64

3 Geeks and a Law Blog

MARCH 14, 2023

Over 10 years later, we are still talking about the importance of technology competency in the legal profession and highlighting ever-present shortcomings in basic technology skills. Hainsworth Law Library, identified that a lack of time and training opportunities prevent solo and small firm practitioners from accessing legal technology.

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Document storage e-discovery e-records Attorney 279

The North Carolina Journey of Law and Technology

FEBRUARY 13, 2024

Unfortunately, despite numerous accusations that these algorithmically generated timelines are causing harm, including cases linking them to terrorist activity and increased rates of teen depression , social media companies remain legally immune from responsibility for alleged harms caused by their products.

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Intellectual Property Machine learning Court Law 52

Legal Tech Monitor

OCTOBER 2, 2023

And this advice holds true even if you’ve only been at the firm for a short while. Speak Next to the Section Head If your immediate work associate doesn’t provide a clear next step, approach the section or practice group head. Remember, the legal community is tightly-knit, and relationships are paramount.

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Lawyer Law firm Law Law 52

Eric Goldman

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

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Lawsuit Court Intellectual Property Defendant 97

Eric Goldman

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The court provides details about UIRC’s minor edits to the Idaho precedent: The only differences (besides formatting) between Section 5.01 Other contributions are more substantial.

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Court Lawsuit Attorney Lawyer 46

MatterSuite

MARCH 28, 2024

This blog explains everything about special counsel in the US and the role they play. The appointing authority usually identifies an individual with a strong legal background and a reputation for impartiality. This section explores how the parameters are set and the factors that influence the breadth of their inquiry.

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Prosecutor Attorney Law Law 52

Justia Legal Marketing & Technology blog

MARCH 22, 2023

We recently updated this section of our portal with a more user-friendly design and more detailed content. Each case comes with a synopsis of its main holding and a link to its free text. Supreme Court History Finally, a section on U.S. John Roberts, the current Chief Justice, is the 17th person to hold that position.

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Court Criminal trial Federal law Lawsuit 77

Eric Goldman

JULY 11, 2023

This claim is preempted by Section 230: ICS provider. Plaintiffs seek to hold Amazon liable for its role in facilitating the sale of Sodium Nitrite to Kristine and Ethan through Amazon.com,” and this constitutes “marketing” which puts it squarely in the statutory scope. Once again, Section 230 isn’t the problem.

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Debevoise Data Blog

JANUARY 8, 2024

We have previously written about the legal risks that companies face if they oversell the capabilities of their AI systems, known as “AI washing.” The FTC is also holding a virtual summit on January 25, 2024 to discuss key developments in AI and how those developments impact competition and consumers.

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Litigator Litigation e-filing Lawsuit 52

CaseFox

JULY 30, 2023

In this blog, we will discuss some of the must-have elements of a law firm website. In this guide, we will cover everything from legal website design to navigation and the creation of an engaging homepage. You can consider various factors like the values of the firm, the target audience, and the legal services that you offer.

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Law firm Law Law Attorney 52

Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

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Debevoise Data Blog

FEBRUARY 28, 2022

In this Data Blog post, we discuss recent enforcement actions and regulatory requirements for getting rid of old data and offer six tips for complying with these developing obligations. The final rule , in section 214.4(c)(6)(i), In February 2022, the FTC filed a complaint against WW International Inc.,

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e-filing Compliance Litigator Litigation 52

Inside Privacy

MARCH 27, 2023

On March 23, the Federal Trade Commission (“FTC”) announced a notice of proposed rulemaking that would significantly revise the legal framework governing automatically renewing subscriptions. As of the date of this blog post, the notice has not yet been posted.

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State law Law Law 65

Eric Goldman

DECEMBER 27, 2023

For ACPA purposes, “the alleged infringement regards a post-domain path, not a domain name within the meaning of Section 1127. But none of those cases outright hold that there is a blanket rule for whether using a mark in a keyword purchase is definitively infringement or definitively not infringement. Johnson, No.

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Defendant Intellectual Property Court Attorney 72

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

Taking these variations into account, the team at Justia has compiled 50-state surveys on legal issues that often arise for ordinary people or that might be of general interest. If they have specific or urgent legal concerns, they should consider consulting a lawyer for advice tailored to their situation.

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Debevoise Data Blog

JANUARY 24, 2023

This includes an assessment of the appropriate avenue to get the deepfake removed, options for which we discuss in the next section. In addition, processes should be in place to consider whether separate legal action is warranted should a takedown notice or request to remove the content be unsuccessful.

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Debevoise Data Blog

JULY 28, 2022

This post is the first in a planned series of blog posts addressing the CCPA rulemaking and key issues reverberating from the stakeholder and informational sessions, as well as important updates from the notice and comment period. To subscribe to the Data Blog, please click here. Integrate with Vendor Diligence and Risk Management.

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Due diligence Compliance Attorney Law 52

Debevoise Data Blog

MARCH 6, 2023

This includes developing and implementing effective programs that foster a compliance-promoting culture and holding individual wrongdoers accountable. The Fraud Section of DOJ’s Criminal Division issued its first ECCP in February 2017, which it then revised in April 2019 and June 2020.

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Compliance Prosecutor Legal advice Time-tracking 52

Debevoise Data Blog

JANUARY 19, 2022

Other attacks often merit a less involved role for the information security teams, but require significant involvement from legal and privacy teams (e.g., cyber forensic firm, ransomware negotiator, crisis communications firm, document review vendor, outside legal counsel, etc.) To subscribe to our Data Blog, please click here.

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Law Law 52

Eric Goldman

JULY 25, 2023

This Tom Sawyer approach to e-commerce may or may not deflect Redbubble’s legal liability, a question that is being actively litigated. This ruling also highlights how defendants would benefit from a statute specifying what constitutes a legally effective trademark takedown notice. It sued Redbubble for trademark violations.

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Defendant Law Law Court 77

3 Geeks and a Law Blog

FEBRUARY 26, 2024

In our third installment of Love and Legal Tech, we talk with Ab Saraswat and Priti Saraswat. Though they didn’t originally intend to work together, they both ended up at legal tech company Litera for several years but in different roles. Currently, Ab is the Chief Revenue Officer at legal project management startup Lupl.

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Legal tech Legal tech Barrister Hearing 130

Eric Goldman

JUNE 20, 2023

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

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Debevoise Data Blog

NOVEMBER 10, 2020

The enforcement notice follows a two-year investigation into the data broking businesses of the three largest credit rating agencies in the UK – Experian, Equifax and TransUnion – which together hold data on nearly every UK adult.

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Data protection Intellectual Property e-records Machine learning 52

Eric Goldman

JULY 17, 2023

As legal scholars such as Graeme Dinwoodie and Srividhya Ragavan have explored in the trademark context, this territoriality principle is continually challenged when trademark goodwill crosses borders. Section 1114(1)(b) applies where the goods or services are not yet used in commerce, but where they are “ intended to be used in commerce.”

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Court Defendant Litigator Litigation 69

Eric Goldman

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. Given the opinion’s clarity, lower court judges are likely to focus on the opinion’s broad holding, not the less-than-optimal wording details.

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Defendant Court Failure-to-appear Lawsuit 137

Eric Goldman

JANUARY 9, 2024

To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. Section 230 The court’s Section 230 analysis runs for 13 pages (pages 9-22), but it has an inappropriately laconic denouement. They sued Snapchat for a wide ranges of tort claims. The venerable Barrett v.

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Judge Court Defendant Software 76

Eric Goldman

MAY 2, 2024

Salesforce, a split Seventh Circuit panel ruled that Salesforce didn’t qualify for Section 230 in a FOSTA case. I never blogged that opinion for two reasons. I can’t bring myself to go back and blog that opinion now. First, it came at a busy time (I was just ramping up for the semester). Doe (S.M.A.) Salesforce, Inc.

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Lawsuit Defendant Court Judge 66

Eric Goldman

MAY 5, 2023

For example, it said that “for a plaintiff to invoke FOSTA’s immunity exception, she must plausibly allege that the website’s own conduct violated section 1591.” Because Reddit’s holdings were potentially murky, I wasn’t sure how it would apply to future cases.

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Lawsuit Defendant Court e-filing 98

Eric Goldman

JULY 23, 2023

The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior. Thus, this rhetorical move doesn’t help defendants identify what conduct is clearly legal. Taamneh case.

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Lawsuit Defendant Court Hearing 66

3 Geeks and a Law Blog

SEPTEMBER 5, 2023

He expects AI governance will follow a similar path but much faster, requiring legal teams to become technical experts. The podcast focused on innovative and creative ideas in the legal profession. And if the legal team is not aware that that’s even happening to begin with, that can be a big challenge. I’m Marlene Gebauer.

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Legally Speaking

FEBRUARY 22, 2023

Another way to test it is by holding your headphones or earbuds at arm’s length in front of you. Blue light is a colour in the visible light spectrum — the section of the electromagnetic spectrum that the human eye can see. If you can still hear it, it’s too loud. This is because devices with a screen emit blue light.

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Lawmatics

AUGUST 8, 2023

The legal profession has always been synonymous with hefty workloads and long hours. Generative AI is an efficient team player, assisting with everything from drafting legal documents to conducting comprehensive research. Your to-do list seems unending, right? The contract review, the case analysis, the unanswered emails.

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Client Intake Legal research Machine learning Court 52

Berkley Technology Law Journal

JULY 9, 2022

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. There are some limitations on liability that are relevant, potentially to the platform owner under Section 512 of the Digital Millennium Copyright Act.

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Intellectual Property Law Law Court 52