MatterSuite

MARCH 14, 2024

The justice system is supposed to provide a fair and equal battleground, however, court cases can be costly. 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.

Litigator 52

Litigator Litigation Lawsuit Defendant 52

Discovery Advocate

JANUARY 16, 2024

It is crucial for litigators to carefully consider the terms of an ESI protocol when drafting and before agreeing to it. There are valuable insights to be gained from the case of In re StubHub Refund Litigation , 2023 WL 3092972 (N.D. In StubHub , the parties agreed to produce hyperlinked documents as attachments in the ESI protocol.

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Litigator Litigation Defendant Court 59

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigator 52

Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

JULY 14, 2023

The latest ruling addresses YouTube’s motion to dismiss the fourth amended complaint, which the court grants with prejudice. You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? Case citation : Divino Group LLC v.

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Lawsuit Court Machine learning Defendant 79

Legal Tech Monitor

NOVEMBER 3, 2023

The Illinois Supreme Court announced this week amendments to Rule 299 that will double compensation for an attorney appointed by a court in Illinois to represent an indigent party. The amended Rule raises attorney compensation to $150 per hour, up from its previous minimum of $75 per hour. The amendments are effective on Jan.

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Court Attorney Defendant Litigator 52

LawSites

JUNE 29, 2022

Today brings news that Gavelytics , a seven-year-old litigation analytics company, is closing its doors effective tomorrow. We invented the category of state court analytics. We built things never before built and answered litigation-related questions never before answerable. The reason, he said, is “a long story.” .

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Analytics Litigator Litigation Judge 98

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts.

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Defendant Judge Failure-to-appear Court 98

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

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Defendant Judge Court Litigator 99

Legal Tech Monitor

JANUARY 20, 2024

A recent Bloomberg Law story by Jacqueline Thomson reminded me of the question posed by Richard Susskind a few years ago: Is a court a service or a place?” The pandemic and other factors suggest the answer is that fundamental fairness demands our courts be less of a place and more of a service. Court of Appeals for the Fourth Circuit.

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Judge Court Defendant Litigator 52

TechLaw Crossroads

JANUARY 20, 2024

A recent Bloomberg Law story by Jacqueline Thomson reminded me of the question posed by Richard Susskind a few years ago: Is a court a service or a place?” The pandemic and other factors suggest the answer is that fundamental fairness demands our courts be less of a place and more of a service. Court of Appeals for the Fourth Circuit.

Judge 52

Judge Court Defendant Litigator 52

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

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Court e-filing Notary Hearing 116

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Court Litigator Litigation Defendant 94

Liquid Litigation Management, Inc.

SEPTEMBER 25, 2018

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. In the Order Judge Milazzo stated: The Court is troubled by Gahan’s conduct.

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Defendant Litigator Litigation Judge 52

Eric Goldman

AUGUST 30, 2023

The court denies a preliminary injunction. Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. To analyze this, the court applies the standard likelihood of consumer confusion factors. The litigants directly compete. Not relevant.

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Lawsuit Court Defendant Litigator 85

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

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Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

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Court e-discovery Defendant e-records 52

Eric Goldman

APRIL 21, 2024

I wrote up a 4,000 word draft about the state court ruling, but the federal ruling came out before I finished it. I couldn’t blog just the state case without discussing the new development, so I planned to modify my blog post on the state court ruling to compare/contrast the federal ruling. It doesn’t work.

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Litigator Litigation Court Defendant 83

Clio

FEBRUARY 20, 2024

If an attorney conducts any form of civil or criminal litigation in U.S. courts, they will be dealing with motions filed in court. This means that the ability to write a motion for court is central to a litigator’s potential for professional success–especially for mid-sized or smaller firms without the vast resources of Big Law.

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Court e-filing e-discovery Judge 52

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially.

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Defendant e-discovery Lawsuit Court 71

Eric Goldman

FEBRUARY 18, 2024

The court says, per Taamneh v. Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated.

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Judge Defendant Court e-records 86

Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

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Intellectual Property Defendant Litigator Litigation 69

Eric Goldman

JANUARY 11, 2024

The court dismisses them all. The 9th Circuit reverses the district court on the Section 230 dismissal, but it proves inconsequential because all of the claims fail for lack of merit. These allegations do not treat Defendants as publishers or speakers and therefore are not covered by the CDA. Is that what’s going on here?

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Defendant Court Litigator Litigation 73

Inside Privacy

APRIL 3, 2023

On March 2, 2023, the Court of Justice of the EU (“CJEU”) decided, in case C-268/21 , that the GDPR applies to the production of evidence in civil court proceedings. The case sets limits on, but does not preclude, the production of personal data in court proceedings.

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Court Data protection Litigator Litigation 52

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

The Arizona Supreme Court held in January 1976 that the trial court had the power to assert the privilege in the absence of the person who made the confession. Financial provisions in the agreement also may describe the payment of court costs or any other expenses beyond the attorney’s fee.

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Lawyer Mediator Lawsuit Defendant 80

Clio

MARCH 15, 2024

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. federal court. What is a motion to dismiss?

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Defendant Hearing Court Lawsuit 52

Eric Goldman

DECEMBER 5, 2023

A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. But sealing defendants’ identities directly conflicts with courtroom transparency, a foundational principle essential for trust in our judicial system. Those defendants never reach the default judgment stage.

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Judge Defendant Court Litigator 73

Brett Trout

MAY 6, 2024

Finally, if the accused seller files a declaratory judgment of noninfringement, Amazon will abide by the court’s ruling. The accused infringer is much more likely to file the lawsuit in their own state or a state with courts more favorable to their position. This was the case in SnapRays, d/b/a SnapPower v.

Lawsuit 52

Lawsuit Dispute resolution Court Defendant 52

Eric Goldman

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. The costs of defending those lawsuits is a financial punishment with censorial consequences, even if the defendant never violated the law. 9:2800.29, effective Jan.

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Defendant Time-tracking Court Litigator 77

Eric Goldman

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). However, as we know, courts routinely and predictably make errors when ruling on ex parte motions, so any additional legislative embrace of ex parte procedures is always fraught with peril. The parties are already in litigation. What could possibly go wrong with that?

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Defendant Court Litigator Litigation 78

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.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

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Intellectual Property Lawsuit Defendant Judge 103

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The appellate court revives the claim. The court says it does–a logical and defensible conclusion.

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Defendant Failure-to-appear Court Law 94

CaseFox

NOVEMBER 27, 2023

Over time, legal frameworks developed to address these concerns, forming the foundation for contemporary exposure litigation. High-profile incidents, such as Love Canal and asbestos-related diseases, prompted regulatory changes and a surge in environmental and occupational health litigation.

Lawsuit 52

Lawsuit Defendant Litigator Litigation 52

Eric Goldman

JULY 26, 2023

for now…) CFAA claims Chegg brought a CFAA claim against the defendant because: 1) its data is behind a log-in screen; 2) Chegg thinks that the defendant got the data while using a free trial; and 3) the defendant is still using the data to undermine Chegg’s core business after getting the cease-and-desist letter.

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Defendant Intellectual Property Court Judge 85

Discovery Advocate

MARCH 30, 2023

In re Google Play Store Antitrust Litig., — F. In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21-MD-02981 (JD) (N.D.

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e-discovery Defendant Litigator Litigation 52

Discovery Advocate

MARCH 31, 2023

In re Google Play Store Antitrust Litig. , In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21 MD 2981 (JD) (S.D.N.Y.

e-discovery 52

e-discovery Defendant Litigator Litigation 52

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Ratermann v.

Lawsuit 63

Lawsuit Defendant Failure-to-appear Court 63

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

Court 52

Court e-filing Notary Hearing 52