Justia Legal Marketing & Technology blog

MAY 6, 2025

Not all agreements between a lender and a consumer provide a right to reinstatement, although some state laws provide this right if the agreement doesnt. Reinstatement involves reviving the loan on the vehicle by catching up with missed payments and late fees.

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Lawsuit Bankruptcy State law Law 173

Debevoise Data Blog

JANUARY 17, 2025

14 GDPR when obtaining or disclosing personal data is explicitly mandated by Union or Member State law to which the controller is subject. The COVID-19 immunity certificate was issued as mandated under Hungarian law at the time. To subscribe to the Data Blog, please click here.

Data protection 52

Data protection Compliance Court State law 52

Eric Goldman

JUNE 6, 2025

Preemption of State Law Claims I have written about copyright preemption on this blog before, and this is a case where defendants predictably relied on it as a defense. 1125(c) and are widely recognized by the general consuming public of the United States.” The post A Review of the NYT v.

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Defendant Court Lawsuit State law 66

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.

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

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 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. (You can avoid double taxation by creating a distinctive type of corporation called an S corporation , but this is available only in limited situations.) Should I Incorporate My Company in Delaware?

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Mediator Workers Compensation Due diligence Court 135

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 Litigator Litigation 59

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 Litigator Litigation 57

Eric Goldman

FEBRUARY 21, 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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Intellectual Property Court Hearing State law 40

Debevoise Data Blog

JULY 2, 2025

There are doubts that CAIA will be implemented as drafted on schedule, and every other state bill that proposed comprehensive AI regulation has stalled, been vetoed, or been pared back dramatically. Instead, there is increasing momentum behind narrower, fit-for-purpose AI laws. And that is probably a good thing.

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Compliance Failure-to-appear State law Law 52

The Barrister

APRIL 1, 2025

Over the years, the state has shifted between different execution methods and faced significant legal and logistical challenges in carrying out the death penalty. Law Library has many books available for check out including: The Death Penalty in the United States: A Complete Guide to Federal and State Laws / Louis J.

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Dispute resolution State law Law Law 40

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case. Case Citation : Doe v.

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Lawsuit Failure-to-appear Defendant Court 64

Debevoise Data Blog

JANUARY 23, 2025

Inconsistent State Laws. The Report also underscores the challenges posed by the emerging patchwork of conflicting state laws regulating AI use in financial services, which respondents noted could hinder responsible AI adoption and create risks of regulatory arbitrage. To subscribe to the Data Blog, please click here.

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Compliance Intellectual Property Due diligence e-records 52

Richmond Journal of Law and Technology

MARCH 7, 2025

Additionally, states and the federal government are already taking incremental steps toward protection in the digital age without a federal digital bill of rights. These state-level initiatives create a patchwork of digital privacy laws, complicating efforts to establish a national, uniform standard for digital rights protection.

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Compliance Data protection Federal law Court 52

Eric Goldman

MAY 15, 2025

Prior blog posts on the district court and Ninth Circuit rulings. The court summarizes its application of those standards: we hold that OConnor-Ratcliff acted under color of state law in blocking the Garniers from her social media pages. O’Connor-Ratcliff appeared first on Technology & Marketing Law Blog.

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Court Lawsuit State law Attorney 52

Eric Goldman

JUNE 26, 2025

[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.] US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v.

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Lawsuit Litigator Litigation Court 96

Richmond Journal of Law and Technology

APRIL 12, 2025

That answer shall be determined based on whether Governor Glenn Youngkin signs HB 2724 into law after his proposed amendments (notably ­– increasing the data retention period from 21 days to 30) were rejected on April 2 nd during the General Assembly’s 2025 reconvened session. [14] 19] The result?

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Judge Lawsuit Time-tracking Court 52

Eric Goldman

NOVEMBER 27, 2024

25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon appeared first on Technology & Marketing Law Blog. Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8 Amazon.com, Inc.

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Defendant Law Law Court 77

Justia Legal Marketing & Technology blog

JULY 9, 2025

From executive orders and Supreme Court decisions to emerging state laws and litigation, the program delivers a thorough analysis of legal forces shaping LGBTQ+ lives nationwide. This session is especially relevant for attorneys practicing in civil rights, constitutional law, employment, healthcare, and family law.

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Time-tracking Litigator Litigation Attorney 130

Eric Goldman

MAY 1, 2025

The account termination lawsuits keep coming , so I’ll keep blogging them. The court breezily rejects each of his state law claims, including the Florida social media censorship claim that relied on an unconstitutional law that’s enjoined. Facebook YouTube Still Isnt a State ActorAlbertson v.

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Court Lawsuit Defendant Litigation 72

Eric Goldman

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v.

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Court Judge Defendant Case predictions 40

Eric Goldman

DECEMBER 16, 2024

US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking LawsuitDoe v. US (Guest Blog Post) * Indianapolis Police Have Been Blinded Lately Because They Shut Backpage Down * Constitutional Challenge Against FOSTA FiledWoodhull v.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

APRIL 3, 2025

This is my 10th and final blog post in my series celebrating my 20 year blogiversary. Sadly, the series (and maybe the blog) will end on a depressing note. In this post, I’m going to talk about the blog’s future. Subject to those caveats, my thoughts about the 10-year future of the blog.

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Lawsuit Court Law Law 52

Pillsbury Law Internet and Technology blog

JULY 17, 2025

The European Commission has requested the establishment or revision of a number of harmonized standards, including updating existing harmonized standards for ICT products and services (EN 301 549), although these are not expected to be finalized until after June 28, 2025 when national Member State laws implementing the EAA should be enforceable.

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e-filing Compliance State law Hearing 52

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

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

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.…

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State law Law Law Court 100

Eric Goldman

MAY 17, 2024

A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. 301(a) , which preempts state laws “equivalent” to copyright. If a contract does that, it should not be enforceable as a matter of federal law. In 2022, in ML Genius v. The post X Corp.

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Judge State law Court Federal law 130

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Court Litigator Litigation Case law 98

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. Taco Bell Corp. , 3d 446 (6th Cir.

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Judge Court Defendant State law 98

Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

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Bankruptcy Law Law Lawsuit 264

Eric Goldman

AUGUST 24, 2023

But given the fact that contracts, even online contracts, are a state-law issue, it’s hard to imagine a simple resolution to this problem. — But regardless of what you and I think about this legal regime, that is the current state of the law.

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Intellectual Property Court Litigation Litigator 98

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

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

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.

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State law Law Law Court 52

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.

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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