Eric Goldman

APRIL 23, 2025

Shopify said California courts lack personal jurisdiction over it. The district court agreed with Shopify, as did a three-judge panel of the Ninth Circuit. The en banc court issues a total of four opinions, and collectively they show Shopify was never close. Briskin sued Shopify for a variety of privacy violations in California.

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Defendant Judge Law Law 81

Debevoise Data Blog

FEBRUARY 14, 2025

In a ruling with potential implications for other pending generative artificial intelligence (AI) copyright cases, the United States District Court for the District of Delaware in Thomson Reuters Enterprise Centre GmbH & West Publishing Corp. ROSS Intelligence Inc. some creative spark.

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Court Intellectual Property Defendant Legal research 52

Clio

FEBRUARY 21, 2025

This includes survivors, witnesses, criminal defendants, and convicts. In other words, what are the advantages of a trauma-informed justice system? Here, we explore what we mean by a trauma-informed justice system and its potential benefits. What is a trauma-informed justice system?

Defendant 52

Defendant Court Judge Attorney 52

Eric Goldman

APRIL 9, 2025

The defendant invoked the arbitration clause in its TOS. Extensively citing Chabolla , the court rejects the arbitration request. The court says Plex’s relationship context cuts against TOS formation. The court’s treatment of the sign-up screen’s call-to-action is perplexing (no pun intended).

Court 52

Court Judge Software Defendant 52

Eric Goldman

JUNE 1, 2025

To dispose of various motions, the court must construe the statutory term “social media platform.” ” Florida’s statutory definition: Social media platform means any information service, system, Internet search engine, or access software provider that: 1. This is the post-SCOTUS remand of Moody v.

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Defendant Court Failure-to-appear Judge 89

Eric Goldman

MAY 20, 2025

The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. The court displayed all of the photos side-by-side, so of course we’re going to look at them. I guess that makes me old-school. So I think this is a SFW post.

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Defendant Court Judge Lawsuit 106

Eric Goldman

APRIL 25, 2025

The court summarizes the plaintiffs’ allegations: D.G. Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s The court dismisses Roblox, Google, and Apple from the case. Plaintiffs further allege that D.G.s

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Lawsuit Defendant Court Failure-to-appear 75

Debevoise Data Blog

FEBRUARY 4, 2025

As we previewed in our 2024 AI year in review , one of the big areas to watch in 2025 will be how much discovery courts are prepared to order into the inner workings of AI companies, especially in the face of arguments that discovery would reveal trade secrets or would be overbroad in cases based on specific claimed works. OpenAI, Inc.

Intellectual Property 52

Intellectual Property Defendant Court Judge 52

Brett Trout

JANUARY 14, 2025

The problem is that the date you establish with your provisional application only applies to the information you filed in your provisional patent application. Produce a patent that will stand up in court. Draft an application that will support those claims and stand up in court. What happens after I receive a patent?

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Intellectual Property Legal advice Lawyer Litigator 59

Debevoise Data Blog

JANUARY 13, 2025

A look back at 2024 shows that plaintiffs are learning from the initial wave of cases filed against AI developers, and that plaintiffs are now adapting their claimsas well as the defendants they are suingto meet the shifting legal terrain. 1] Proving Defendants Use of Training Data Inputs. Meeting the DMCAs Statutory Requirements.

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Litigator Litigation Intellectual Property Defendant 52

Brett Trout

APRIL 3, 2025

It creates a legal mechanism to block access to entire websiteson the mere allegation of copyright infringementwithout giving those websites a meaningful chance to defend themselves. Worse, the process is often ex parte, meaning the accused website operator isnt even present to defend themselves. Who Watches the Watchmen?

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Defendant Law Law Court 59

Brett Trout

JULY 15, 2025

Prepare for Litigation Draft contracts that account for AI-generated trade secrets Work with counsel to ensure NDAs and IP clauses hold up in court If a breach happens, move fast—evidence disappears quickly 5. laws, like the Defend Trade Secrets Act, offer some protection. Brett Trout What is a Trade Secret?

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Court Lawsuit Defendant State law 59

Brett Trout

JANUARY 30, 2025

Three proposed billsthePREVAIL Act, RESTORE Act, and PERA (Patent Eligibility Restoration Act)aim to fix longstanding issues in patent law, making iteasier for inventors to obtain patents, defend them in court, and monetize their innovations. This law would give inventors a real weapon against infringers? Aligning the U.S.

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Intellectual Property Court Litigator Litigation 52

Debevoise Data Blog

NOVEMBER 12, 2024

The journalists did not assert straightforward copyright infringement claims: they instead argued that OpenAI had removed copyright management information (“CMI”) before using their works to train ChatGPT, in violation of the DMCA. Some courts considering Section 1202 claims have also required that the work at issue be reproduced exactly.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. I’m sure the appellate court will be eager to docket this one. A reminder: this lawsuit is a battle royale. They will need to clear their calendar.

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Defendant Court Litigator Litigation 57

lennyesq

DECEMBER 24, 2024

By Neil Amato The deadline for most reporting companies to file beneficial ownership information (BOI) reports was extended to Jan. 13, 2025, by the Financial Crimes Enforcement Network (FinCEN), hours after a Monday court ruling reinstated the reporting requirement. 1, 2025, BOI reporting deadline pending a further order of the court.

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Defendant Court Litigator Litigation 75

Eric Goldman

NOVEMBER 27, 2024

informally called the “Yelp Law” (as in, it protected consumers’ rights to post reviews on Yelp). At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. My primer on that law.

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Defendant Law Law Court 77

Eric Goldman

MARCH 20, 2025

The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The 2024 district court opinion. I don’t agree with this.

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Defendant Court Lawsuit Law 52

Clio

APRIL 17, 2025

By leveraging AI and other technologies, law firms can uncover patterns and trends across vast datasetsturning raw information into actionable insight. These predictions are based on analysis of large datasets, often including judicial decisions, court filings, case law, and other legal data. The result?

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Analytics Law firm Law Law 52

Eric Goldman

JUNE 6, 2025

Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. In April, the court ruled on Microsoft and OpenAI’s motions to dismiss. The court agreed. The court said that it was premature to decide on that question yet. Universal City Studios, Inc., 417, 442, 104 S.Ct.

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Defendant Court Lawsuit State law 66

Clio

MARCH 6, 2025

A motion for a change of venue is a legal request where a case is transferred from one court jurisdiction to another to ensure a fair trial and avoid bias or undue influence. Improper venue : If your case was initially filed in a jurisdiction lacking proper legal authority or was filed to the wrong court, it could be transferred.

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Hearing Judge Court Litigator 52

MatterSuite

MAY 22, 2025

Preserving Client Confidentiality at All Costs Conflict checks act as a safeguard, preventing accidental misuse of privileged information across cases, protecting both client trust and the firm from breaches of attorney-client privilege.

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Compliance Machine learning Time-tracking Software 52

Brett Trout

JULY 9, 2025

Build a Barrier to Imitators Registering your trademark puts competitors and counterfeiters on notice that your brand is legally protected, and that you are prepared to defend it. Having the knowledge of what it takes to win a trademark infringement lawsuit helps inform the best practices on the registration side.

Intellectual Property 59

Intellectual Property Judge Litigator Litigation 59

Lineal Services

APRIL 29, 2025

Traditional eDiscovery tools, optimized for emails and PDFs, are ill-equipped to handle the breadth and unstructured nature of this information. With AI-powered correlation tools, automated timeline reconstruction, and defensible review protocols, Lineal helps legal teams transform raw project data into coherent, court-ready narratives.

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Litigator Litigation e-records Defendant 40

Eric Goldman

JULY 9, 2025

But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. [Eric’s note: for a discussion about these physical-space adjacencies, see this paper.]

Failure-to-appear 113

Failure-to-appear Lawsuit Intellectual Property Court 113

Eric Goldman

MARCH 4, 2025

It claims that 7News Australia downloaded videos from YouTube, stripped out the copyright management information (CMI), and incorporated the videos into its own videos that it uploaded to YouTube. The court says that Viral DRM doesn’t have standing to enforce the copyright. Seven West Media Ltd., 2025 WL 660250 (N.D.

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Defendant Judge Lawsuit Court 52

Clio

FEBRUARY 28, 2025

Weve written extensively on how lawyers can use AI responsibly and, as yet another court decision is released addressing lawyers use of AI, its never been more important to understand the risks and limitations of AI use. How did the court respond to the hallucinations? Learn how it works. What are AI hallucinations?

Lawyer 52

Lawyer Court Failure-to-appear Legal research 52

Eric Goldman

APRIL 12, 2025

The court is unclear about how Joybuy operates, but it appears that Joybuy (via the entity JD) runs its own online marketplace. The court says that Joybuy sufficiently established that it ran its own online marketplace and thus qualified as a service provider.

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Defendant Court Lawsuit e-filing 57

Eric Goldman

MARCH 11, 2025

Thats the basis for a recent opinion from a Florida federal district court that could have major implications for online services CSAM detection and reporting practices. Now, however, a district court decision suggests that providers can no longer take it for granted that they wont face liability for reporting non-CSAM.

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Lawsuit Defendant Court Failure-to-appear 52

Rocket Matter

MARCH 26, 2025

This practice makes it easy for critical information to be misplaced or even compromised, opening up your firm to errors, inconsistencies, and patchy data analysis that can swiftly sour a matters turnout. But leveraging workflow software for law firms can answer this problem.

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Law firm Time-tracking Law Law 52

lennyesq

FEBRUARY 12, 2025

Electronic Frontier Foundation Lawsuit Argues Defendants Violated the Privacy Act by Disclosing Sensitive Data NEW YORKEFF and a coalition of privacy defenders led by Lex Lumina filed a lawsuit today asking a federal court to stop the U.S.

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Defendant Lawsuit Judge Court 45

Eric Goldman

JANUARY 6, 2025

On the day before the law’s effectiveness, the district court enjoins parts of the law but says that other parts may be constitutional. The court subsequently enjoined all upheld provisions until February 1 to see if the Ninth Circuit will extend the injunction pending its review. The court says that’s not so.

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Court Judge Law Law 52

Eric Goldman

NOVEMBER 22, 2024

Considering the training provided to HHS students regarding the importance of citing sources generally, Defendants could conclude that RNH understood that it is dishonest to claim credit for work that is not your own. This turned into an expensive federal case that produced a 16k word opinion. ” Seriously?

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Defendant Court Lawyer Law 52

Debevoise Data Blog

JULY 7, 2025

Allowing employees to use generative AI (“GenAI”) comes with significant risks—such as the loss of confidentiality over sensitive firm and client information, mistakes occurring in important documents or decisions, loss of critical skills, and potential violations of contractual obligations and regulatory requirements. & Exch.

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e-records e-discovery Compliance Litigator 52

Justia Legal Marketing & Technology blog

DECEMBER 17, 2024

The Truck Accidents Legal Center at Justia provides this information, as well as practical safety tips. If a defendant engaged in serious wrongdoing, a victim might recover punitive damages as well. Here are some answers to basic questions that might arise. What Damages Can I Get for a Truck Accident?

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Workers Compensation Defendant Lawsuit Court 246

Eric Goldman

APRIL 21, 2025

In early 2024, the court granted a preliminary injunction against the law going into effect. Borrowing heavily from its prior opinion, the court has now granted the permanent injunction. Ohio enacted a segregate-and-suppress law that requires regulated websites to obtain parental consent before minors can access certain site features.

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Court Law Law Judge 92

Eric Goldman

DECEMBER 6, 2024

Supreme Court, with uncertain prospects, so this is probably not the final word on the matter–or possibly even an important one. This doesn’t sound right–when a law survive strict scrutiny, it’s likely the court didn’t actually apply the scrutiny as vigorously as it should.

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Court Defendant Lawsuit Law 64