Berkley Technology Law Journal

JUNE 23, 2025

Khalilian , defense moved to exclude a voice recording ostensibly showing the defendant making threats on the grounds that it could be deepfaked. In a colloquy with the court, the prosecution argued that a witness familiar with the defendant’s voice could listen to the audio and affirm that it sounds like the defendant.

Case law

Justia Legal Marketing & Technology blog

MARCH 11, 2025

If the defendant did something especially blameworthy, punitive damages might be awarded as well as compensatory damages, but these arent typical. They can also explain how the defendant fell short of that standard and how their error caused the injury. How Does an Expert Witness Help Prove a Claim? How Is Cerebral Palsy Treated?

Lawsuit

Berkley Technology Law Journal

APRIL 18, 2025

Until this course of litigation is resolved, the parties remain categorically opposed: defendants seek to maximize the training data available to their algorithms, while plaintiffs livelihood depends on exclusive ownership and control of their IP.

Intellectual Property

lennyesq

NOVEMBER 17, 2024

The US Court of Appeals for the Fifth Circuit limited the trial court’s earlier ruling, ensuring that the order applies to only the schools of the school board defendants. The appellate court’s lifting of the order will last until the court finishes reviewing the defendants’ appeal of the trial court’s order.

Defendant

Eric Goldman

MAY 2, 2025

G6 invoked the TOS, so G6 bore the burden of showing that the plaintiff agreed to it: Defendant has failed to provide adequate evidence to establish which version of the sign-up page Plaintiff used when she signed up for her Motel 6 account.

Defendant

Brett Trout

JANUARY 14, 2025

To find a quality patent lawyer who can help you protect your invention look for an experienced lawyer with years of experience not only drafting patents, but it defending those patents in court. Flashy ads often say more about a patent lawyers marketing skills than their patent drafting skills.

Intellectual Property

Eric Goldman

APRIL 23, 2025

” Purposeful availment can occur if a “defendant (1) commit[s] an intentional act, that is (2) expressly aimed at the forum state, and (3) which causes harm that the defendant knows will be suffered in the forum state.” ” To be clear, the dissent is not trying to help defendants. Lee , Doe v.

Defendant

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.

Litigation

Justia Legal Marketing & Technology blog

NOVEMBER 21, 2024

He has defended a myriad of depositions of assorted witnesses for high-stakes cases throughout the United States. The recording of this broadcast will also be available to Justia Connect Pro members shortly after the live event.

Defendant

Brett Trout

MARCH 11, 2025

Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. The judgment also signals to competitors that Nike will aggressively defend its intellectual property, regardless of the cost or the lack of patent infringement damages.

Intellectual Property

Brett Trout

JANUARY 17, 2025

Brett Trout The Cost of Defending Your Patent As an inventor or patent holder, your intellectual property represents years of hard work, creativity, and financial expenditures. But what happens when another party infringes on your patent rights? The average cost of taking your patent infringement case to a jury is $2.8

Litigator

Debevoise Data Blog

FEBRUARY 4, 2025

Defendants denied the allegations and stated that to the extent any copying of copyrighted works occurred, that copying constituted fair use. [2] Defendants Answer to First Consolidated Amended Complaint, (N.D. OpenAI, Inc. cases since last February). [1] OpenAI, Inc. OpenAI, Inc. Stipulation and Order Consolidating Cases (N.D.

Intellectual Property

Eric Goldman

APRIL 25, 2025

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 As a result, I expect that defendants in other online addiction cases will be highlighting this opinion in their defenses. addiction and Plaintiffs injuries.

Lawsuit

Eric Goldman

MARCH 28, 2025

The defendant claimed that the First Amendment barred the lawsuit “because the claims would interfere with Defendant’s First Amendment discretion to choose its own content moderation policy,” citing the O’Handley district court case. This blog post covers the YOLO case remand after that Section 230 ruling.

Defendant

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?

Defendant

Brett Trout

FEBRUARY 19, 2025

The real challenge often lies in defending that patent. But if you want a patent that encourage your competition to avoid court, finding a patent attorney well-versed in bothpatent prosecution(the process of obtaining a patent) andpatent litigation(enforcing or defending against infringement claims) can return large dividends.

Litigator

Clio

DECEMBER 18, 2024

Specify who the plaintiff and defendant were at the trial court level (for civil cases) and avoid calling the parties appellant or respondent, since any party can initiate an appeal. Accordingly, your facts section should only be a summary of the most pertinent facts for the overall case analysis.

Court

Brett Trout

APRIL 10, 2025

While many patent attorneys focus solely on prosecution (getting patents granted), those who have stood in court to enforce or defend patents gain insights that dramatically shape how they draft them. It gives you leverage in partnerships, confidence in investment conversations, and real options if competitors cross the line.

Litigator

Martindale-Avvo

FEBRUARY 7, 2025

In response, Baldoni released additional messages in an attempt to defend himself. Initially, Lively released text messages she received from Baldoni to support her sexual harassment claims.

Court

Eric Goldman

OCTOBER 24, 2024

Of the 819 total dispositions, 391 (48%) were dismissed during claims review, 153 (19%) were not served, 82 (10%) were withdrawn, and 91 (11%) had defendants opt out. If we compare the types of dispositions to the total number of dispositions, it gives up percentages.

Defendant

Eric Goldman

JUNE 1, 2025

Baffled by the argument, the court notes (emphasis added): The defendants also note that Florida Statutes 501.2041(9) and 106.072(5) say the Florida provisions cannot be enforced to the extent inconsistent with federal law and 47 U.S.C. Florida keeps making mockable arguments that the judge keeps swatting down.

Defendant

Solo Practice University

NOVEMBER 6, 2024

Let's say you are working in an area of law that involves multiple languages, international banking or real estate transactions, depositions of foreign nationals, criminal work with non-English speaking defendants, etc. and you require translation. Do you use AI to do the initial interpretation because it is more cost-effective?

Defendant

Debevoise Data Blog

FEBRUARY 14, 2025

Defendants could have more success on the first fair use factor, purpose and character, in the context of a generative AI model. Generative AI defendants have argued that their models have very different characters and purposes than the data on which theyre trained.

Court

Brett Trout

MARCH 5, 2025

Paying opposing counsels fees for defending the Motion in Limine; and ?Implementing Promptly withdrawing the Motion in Limine; ?Being Being honest and forthcoming about the use of AI in generating the case citations; ?Paying

Court

Debevoise Data Blog

NOVEMBER 12, 2024

To plead a violation of Section 1202(b), a copyright holder must also establish that the defendant knew, or had reasonable grounds to know, that their actions would “induce, enable, facilitate, or conceal” copyright infringement. Without alleging any facts to support those elements, the defendants’ DMCA claim was summarily dismissed.

Intellectual Property

Eric Goldman

MAY 20, 2025

Lack of Access Courts have consistently held that posting works on the Internet, without more, doesn’t ensure that the defendant had “access” to them for purposes of copying-in-fact. But even the narrower standard invites a lot of tendentious data-mining about the defendants’ social media activities.

Defendant

Eric Goldman

NOVEMBER 21, 2024

Samuels sued the Lido DAO, but a shadowy entity (Dolphin CL, LLC) defended the Lido DAO on the grounds that the DAO wasn’t an entity at all; it is just software code. The plaintiff Samuels purchased his LDO tokens later on an after-market exchange, Gemini, but sold them at a loss. ” (70 employees, in fact).

Defendant

Eric Goldman

OCTOBER 31, 2024

The court says the defendants’ arguments “seem to distill the issue to one of mere proximity of a notice to a sign up or other action button. Considering the webpages as a whole, the Court cannot find that Defendant’s website sufficiently provided reasonably conspicuous notice to Plaintiff and other users.”

Defendant

Brett Trout

FEBRUARY 11, 2025

Unfortunately for Rothschild, one of the defendants, Starbucks, did not settle quietly. from defendants through AT. Changing Legal Tactics: Defendants like Starbucks are no longer playing defense but are actively fighting back using fraud claims to challenge thecorporate entity shieldthat many NPEs rely on.

Intellectual Property

Colin S. Levy

DECEMBER 10, 2024

In your frustration, you quickly draft a response thats equally sharp, eager to defend your position. Imagine youve been working on a contentious case, and opposing counsel has just sent a particularly aggravating email filled with accusatory language.

Legal AI

Eric Goldman

MAY 25, 2025

” Doxing The relevant statute applies when a defendant intentionally published the plaintiff’s personally identifiable information without the consent of the person whose information is published.” Defendant-victimization is also a main justification for broadly applicable anti-SLAPP laws.

Lawsuit

lennyesq

JUNE 22, 2025

AI footnote fail triggers legal palmface in music copyright spat Thomas Claburn An attorney defending AI firm Anthropic in a copyright case brought by music publishers apologized to the court on Thursday for citation errors that slipped into a filing after using the biz’s own AI tool, Claude, to format references.

Court

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.

Intellectual Property

Eric Goldman

NOVEMBER 27, 2024

25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. .” This may be true, but it deserves more than a single sentence of “analysis.” ” Case Citation : Ramos v. Amazon.com, Inc. 2024 WL 4882638 (C.D. Amazon appeared first on Technology & Marketing Law Blog.

Defendant

Eric Goldman

OCTOBER 27, 2024

The TOS doesn’t impose such a duty: “nothing in the Terms promises or guarantees that Defendant will work with a user to restore access to an account at all, let alone on a specific timeline. The Terms only state that Defendant may take certain actions in response to harmful conduct or violating content.”

Lawsuit

Eric Goldman

FEBRUARY 16, 2025

The court says: plaintiffs core theory of injury suffices to establish proximate cause at the pleading stage: as alleged, defendants conduct deliberately fostered compulsive use of their platforms which foreseeably caused the plaintiff school districts to respond by expending resources to mitigate the impact of such use in their schools.

Defendant

Eric Goldman

MARCH 30, 2025

The Court grants defendants’ motions to dismiss the common law unfair competition by misappropriation claims and OpenAI’ s motion to dismiss the “abridgment” claims in the CIR action, and dismisses each of those claims with prejudice. ” New York Times Co. Microsoft Corporation, et al.,

Defendant