Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I

Failure-to-appear 80

Failure-to-appear Defendant Federal law Lawsuit 80

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). Note: the court cites Facebook v.

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Time-tracking Judge Law Law 103

Eric Goldman

FEBRUARY 7, 2024

” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. The court says all of the highlighted statements were substantially true. Consumer Protection Act.

Lawsuit 96

Lawsuit Machine learning Court Defendant 96

Martindale-Avvo

FEBRUARY 14, 2024

Well, a prenup is somewhat like an insurance policy to hopefully protect marrying parties from protracted, expensive and emotional litigation if for some reason the marriage does not work out. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients.

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Attorney Divorce lawyer Law Law 111

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. The court accepts that the employer believed the works were created within the scope of employment, so the associated takedown notice wasn’t sent in bad faith. Shande will get his day in court. This includes a 512(f) claim. The 512(f) claim fails. Case Citation : Shande v.

State law 63

State law Court Litigator Litigation 63

LawSites

SEPTEMBER 21, 2021

The legal analytics platform Lex Machina , which is owned by LexisNexis, has added a module for litigation involving claims under the Americans with Disabilities Act, as well as claims under related state laws. . In addition, Lex Machina has been gradually expanding its coverage of state courts. District Court.

Analytics 61

Analytics Court Litigator Litigation 61

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

Court 97

Court Failure-to-appear Lawsuit State law 97

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

Court 91

Court Litigator Litigation Case law 91

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. The Consumer Protection Law Center offers information about these topics and others related to consumer rights. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

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Mediator Dispute resolution Law Law 65

Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

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Court State law Litigator Litigation 102

Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. But the content that they’re trying to protect isn’t theirs—it belongs to their users. LinkedIn Corp.

Intellectual Property 96

Intellectual Property Court Litigator Litigation 96

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 79

Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. Although the counter-notice filed by Defendant stated that Defendant would accept service of process from Plaintiff, the counter-notice did not state that Defendant waived formal service requirements. Court still grants a TRO anyway…] * DP Creations LLC v.

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Defendant Court State law Lawsuit 64

Wisblawg

JANUARY 16, 2024

Evaluating the significance, legality, and desirability of legislative vetoes must start with an understanding of the existing legal landscape, including the wide array of state law provisions and court decisions across the country. In other states, direct litigation over the mechanism seems not to have occurred.

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Prosecutor Court Law Law 40

Debevoise Data Blog

APRIL 16, 2024

But the risks of irresponsible adoption of GenAI customer service chatbots, including increased litigation and reputational risk, could eclipse their promise. Laws still apply when a customer is talking to a chatbot.

Court 52

Court Litigator Litigation State law 52

Legal Expert Connections

DECEMBER 1, 2018

Most worrisome to many legal ethics experts is the fact that the involvement of these attorneys is often hidden from the client, the class, and even the court. These referral fee arrangements are particularly useful to class action law firms as a method of avoiding competition amongst other firms that desire the role of lead counsel.

Law 52

Law Law Law firm Legal advice 52

Joshua Gilliland

JANUARY 12, 2016

Instead, the Court dressed down the attorneys on their meet and confer efforts: This discovery dispute has quickly transformed into a behemoth, replete with competing and disputed descriptions of at the Parties’ efforts to meet and confer. The Court found that “unacceptable.” 23, 2015, No. C14-1443RAJ) 2015 U.S.

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Defendant Judge Court Legal advice 52

3 Geeks and a Law Blog

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

Legal research 189

Legal research Legal tech Legal tech Hearing 189

Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

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Court Software Litigator Litigation 75

Debevoise Data Blog

OCTOBER 26, 2021

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses. Has the company obtained those individuals’ consent?

Compliance 52

Compliance Federal law Data protection Machine learning 52

Berkley Technology Law Journal

JULY 9, 2022

And it’s not entirely clear yet whether courts will consistently enforce, as a writing, something as easy to do as click “I agree,” for example. And so, the court held that this was in fact, a likeness, or at least protected by the law that protects against unauthorized use of likenesses.

Intellectual Property 52

Intellectual Property Law Law Court 52

Legal Tech Monitor

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

Legal research 52

Legal research Legal tech Legal tech Hearing 52

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

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Lawsuit Court Defendant Hearing 107

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Snap litigation.

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Lawsuit Defendant Court Judge 66

Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. Craigslist, the panel affirmed the lower court ruling requiring higher defense scienter to invoke FOSTA’s Section 230 exception. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes.

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Lawsuit Defendant Court e-filing 98

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. See Vance v. Amazon.com Inc. , C20-1084JLR, 2021 WL 1401633, at *2 (W.D.

Law 52

Law Law Court Time-tracking 52

CaseFox

DECEMBER 22, 2023

He has a wide range of experience litigating cases before federal and state courts including claims of wrongful termination, discrimination, harassment, retaliation, Title 59, Section 1983 and related claims, as well as various civil litigation. It’s not enough to comply with just the federal or the state law.

Dispute resolution 52

Dispute resolution Law Law Legal tech 52

Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. The Divorce center also contains 50-state surveys on uncontested divorce , alimony , and property division.

Intellectual Property 52

Intellectual Property Workers Compensation Bankruptcy Estate planning 52

Debevoise Data Blog

JULY 5, 2022

Due Diligence Requirements : The Bulletin states that before utilizing any data collection method, fraud algorithm or rating/underwriting or marketing tool, insurers “must conduct their own due diligence to ensure full compliance with all applicable laws.”

Due diligence 40

Due diligence Compliance State law Litigator 40

3 Geeks and a Law Blog

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Regulations, laws and advanced detection technology are still lacking but urgently needed. Deepfakes Are Coming to Courts.

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Litigator Litigation Court e-discovery 147

Legal Tech Monitor

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Regulations, laws and advanced detection technology are still lacking but urgently needed. Deepfakes Are Coming to Courts.

Litigator 52

Litigator Litigation Judge Court 52

Debevoise Data Blog

JANUARY 14, 2022

A CID is a type of Commissioner-authorized subpoena, enforceable in court, that subjects the recipient to a number of formalized processes and timelines. FTC unanimously held that Section 13(b) of the FTCA does not grant the FTC authority to obtain monetary remedies in federal court. 18] In FTC v. Shire ViroPharma, Inc. ,

Compliance 52

Compliance Court Litigator Litigation 52