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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

The defendant conceded summary judgment on liability, and the court held a trial on damages. This post covers the court’s ruling following the damages trial. Setting the Damages Range The court rejects KMC’s innocent infringement defense. Matthew McDermott is a freelance photographer. The New York Post story.

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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range. By Gaurav Lalsinghani, J.D.

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The Clock is Ticking: How to Miss Fewer Court Deadlines

Attorney at Work

Managing an increasing volume of cases and court deadlines– sometimes in multiple jurisdictions – is one of the biggest time management challenges for law firms. . The court ordered additional briefings, but the lawyer then missed multiple deadlines, claiming earlier orders were lost among numerous notifications on his mobile phone.

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What is a “Social Media Platform”?–NetChoice v. Uthmeier

Eric Goldman

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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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Eric Goldman

The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”

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Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

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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Custodian Interviews: Critical to Defensible eDiscovery in the Age of Modern Communications

CloudNine

By Rick Clark , VP of Strategic Partnerships and Marketing at CloudNine, and Melissa Weberman , Counsel and Head of eData at Arnold & Porter In todays evolving corporate data landscape, custodian interviewsearly interviews of key employees who hold relevant electronically stored information (ESI) remain a cornerstone for defensible discovery.