Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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Lawmatics

SEPTEMBER 13, 2023

It may even get to the point where the media covers the case which can change public perception of the defendant and negatively impact both personal and professional relationships. Not to mention, it’s costly to defend yourself against a frivolous claim. Not to mention, it’s costly to defend yourself against a frivolous claim.

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Attorney at Work

MAY 24, 2022

It lives in the past and is the bastard child of perceived mistakes and failures. One quality is more important than any other in having the life you want: confidence. Confidence is ultimately more important than resilience, talent or even intelligence for having the life you want. Self-Doubt Is a Wrecking Ball to Confidence.

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Legal Tech Monitor

JULY 27, 2023

Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 Id., ¶ 119.

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MatterSuite

APRIL 24, 2024

The median cost of defending a legal malpractice lawsuit is $100,000. The median cost of defending a legal malpractice lawsuit is $100,000. Failure to comply with these regulations can result in severe penalties, including suspension or revocation of licensure. Lawsuits can happen to anyone, even the most skilled lawyers.

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Attorney at Work

JUNE 23, 2022

In Iowa, the Client Security Board acts as a quasi-criminal body — and, in effect, accused attorneys are treated more or less as any criminal defendant would be. Unfortunately, that’s something I know from personal experience. An Ethics Sanction Needn’t Be a Professional Death Sentence. That is, not if you don’t allow it to become one.

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Eric Goldman

MARCH 9, 2024

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. If this opinion confuses you, welcome to the club. FWIW, “Slog to Blog” would make a good band name.] Stratics Networks offers ringless voicemail and VOIP services. ” [Note 1: I HATE getting voicemails. OK boomer.

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MatterSuite

APRIL 24, 2024

The median cost of defending a legal malpractice lawsuit is $100,000. Failure to comply with these regulations can result in severe penalties, including suspension or revocation of licensure. Lawsuits can happen to anyone, even the most skilled lawyers. Here are the top 8 benefits of malpractice insurance for lawyers.

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Eric Goldman

APRIL 29, 2023

In addition, although the takedown notices state that the company contacting Defendants, Appdetex, is Yuga’s DMCA Agent, it does not state that the notice is a DMCA notice. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. Never has, never will.

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Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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CaseFox

JUNE 29, 2023

In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims. Motion practice shapes the case, and if you want to handle your cases more professionally, understanding motion practice is essential. Legal motion management is an essential aspect of the litigation process.

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Eric Goldman

MAY 18, 2023

” [FN: the factors are: (1) “the nature of the act assisted,” (2) the “amount of assistance” provided, (3) whether the defendant was “present at the time” of the principal tort, (4) the defendant’s “relation to the tortious actor,” (5) the “defendant’s state of mind,” and (6) the “duration of the assistance” given.

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Eric Goldman

JUNE 17, 2023

On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. The court also held that plaintiffs were permitted to proceed pseudonymously.

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Eric Goldman

DECEMBER 26, 2023

28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. There is evidence Defendants’ conduct exceeded standard publication decisions. ” * Doe v.

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Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” To get around Section 230, the plaintiffs attempted the Lemmon v.

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Eric Goldman

AUGUST 11, 2023

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.

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Eric Goldman

MARCH 28, 2023

by guest blogger Kieran McCarthy Last year, the most important case in the history of web scraping— hiQ Labs, Inc. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. Bright Data allegedly scraped Meta’s public data and sold it to its clients. Meta sent Bright Data a series of cease-and-desist notices telling it to stop.

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Eric Goldman

MARCH 29, 2023

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Let’s take a look.

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Eric Goldman

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like this (Screen 1): Note the unusual “skip” link in the upper right–what happens if users select it?

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Attorney at Work

MAY 30, 2022

For example, an allegation of failure to act with competence might be that you failed to interview enough or certain witnesses in a case. Detailed notes of every contact, attempt to contact, conversation or correspondence with every witness in a case will help protect you when defending against such allegations. In all likelihood, no.

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Debevoise Data Blog

OCTOBER 12, 2022

There has been significant regulatory attention recently to “dark patterns,” including FTC guidance , state privacy laws , and state and federal enforcement actions. Some of this activity involves new regulations, and some is based on decades-old consumer protection laws that prohibit unfair and deceptive practices.

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Debevoise Data Blog

JANUARY 31, 2022

On January 5, 2022, the NYAG’s Bureau of Internet and Technology published a Business Guide for Credential Stuffing Attacks , which was the result of a months-long investigation uncovering widespread failures of companies to effectively combat credential stuffing attacks on their customers. What Is Credential Stuffing?

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Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Eric Goldman

OCTOBER 27, 2023

Grindr successfully defends on Section 230 grounds. The plaintiffs claimed this case is about “a failure to implement basic safety measures to protect minors.” Grindr decision involved a different plaintiff, but the same fact pattern (sexual abuse of a minor) and the same defendant. ICS Provider. Cite to Saponaro v.

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Eric Goldman

JULY 16, 2023

But the failure to prevent unlawful conduct is alone insufficient to state a claim for aiding and abetting. Armslist publishes users’ classified ads for guns. Two estates sued Armslist for allegedly facilitating illegal gun sales that led to murders. My blog post on the district court rulings. In this case, the answer is no.

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Eric Goldman

DECEMBER 29, 2023

Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

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AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

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Berkley Technology Law Journal

OCTOBER 3, 2023

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

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Eric Goldman

JANUARY 26, 2024

The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.

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Debevoise Data Blog

MARCH 16, 2023

Privacy Regulations: The Administration appears to be using the Strategy to promote federal legislation to impose clear limits on the collection, use, transfer and maintenance of personal data, i.e., federal privacy regulation. Early reaction to the Strategy is largely favorable.

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Wisblawg

APRIL 26, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. Supervising Sentencing 57 UC Davis L. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole.

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Eric Goldman

SEPTEMBER 19, 2023

Many recent laws essentially mirror the “protect the kids online” initiatives of the 1990s and early 2000s, all of which failed as unconstitutional. In 1996, Congress passed the Communications Decency Act (CDA) to restrict minors’ access to indecent and patently offensive content online.

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