Remove Court Remove Failure-to-appear Remove Litigation
article thumbnail

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.

Court 102
article thumbnail

Legal Hold 101: Everything You Need to Know

MatterSuite

When litigation seems likely, the first critical step is preserving data. They are court-recognized obligations that prevent data loss and help organizations maintain credibility in legal proceedings. A legal hold, or litigation hold, requires organizations to preserve relevant data during or ahead of legal proceedings.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

CloudNine

Start With a Clear Purpose Custodian interviews serve multiple critical purposes in litigation, including: Identify where relevant data lives, including on personal devices or unofficial shadow IT appsi.e., Failure to identify a source through interviews could result in data loss.

article thumbnail

Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. Raw Story Media, Inc. OpenAI Inc. ,

article thumbnail

Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

The court dismisses the case entirely with leave to amend. The court responds: “Plaintiffs do not clearly identify the ‘product’ at issue or the ‘design defect’ it allegedly contains.” These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation.

Court 59
article thumbnail

Another TOS Formation Failure in the 9th Circuit–Godun v. JustAnswer

Eric Goldman

JustAnswers’ TOS formation process was rejected in the California state courts. It fares no better in federal court. The term “advisal” appears 29 times in this opinion, which confused me on two fronts. The term “advisal” appears 29 times in this opinion, which confused me on two fronts.

article thumbnail

The Importance of Legal Docketing for Law Firms Explained

Clio

Book a demo of Clio Manage’s Court Rules feature and automate court deadline reminders with ease! For instance, it is most commonly used in both civil and criminal litigation for tracking court appearances, deadlines, and other time constraints. Ready to streamline your legal docketing process?