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Seven Tips for Reducing CCPA Litigation Risks – Lessons from the First 18 Months

Debevoise Data Blog

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. At least one lawsuit seeks to do this. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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As Companies Plan for Return to Work, These New Resources Help You Advise Them On the Law

LawSites

As companies plan for safely returning to the office, two new resources — including one that is free — are available to help legal professionals advise them with access to comparative federal and state legal requirements and case law. Case Law and Trends. Back-to-Office Smart Chart.

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How to File a Motion to Dismiss

Clio

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. Some courts, like U.S.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

The case law in the Ninth Circuit — the other appellate circuit central to developing copyright law, especially regarding new technologies — seems to support the Seventh Circuit’s majority approach. However, it was sometimes not as clear as the case law of other circuits. A third approach?

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Everything You Need to Know About Motion Practice 

CaseFox

Motion practice shapes the case, and if you want to handle your cases more professionally, understanding motion practice is essential. Legal motion management is an essential aspect of the litigation process. Legal motions allow parties to assert their rights, and seek relief from the court regarding certain cases.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 94-1476, at 159-60.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

If nothing else, litigants know where they stand in these jurisdictions. Based on my reading of the case law, the Fourth and Eighth Circuits broadly follow this approach. Based on my reading of lower court opinions, to date, courts in the Third Circuit also seem to follow the case-by-case approach. Verio, Inc.

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