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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Eric Goldman

FEBRUARY 22, 2024

The court recaps past cases: the crux of the financial benefit inquiry is whether a causal relationship exists between the infringing activity and a financial benefit to the defendant. But in every case, the financial benefit to the defendant must flow directly from the third party’s acts of infringement to establish vicarious liability.

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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. If you’ve forgotten what this was for you when you started practicing law, for most attorneys, the big picture is to help people. One quality is more important than any other in having the life you want: confidence. First, shift your focus inward.

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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

A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. The median cost of defending a legal malpractice lawsuit is $100,000.

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Lawyer Lawsuit Defendant Failure-to-appear 52

Eric Goldman

MARCH 9, 2024

Note 2: when I worked at the law firm in the 1990s, the firm’s voicemail system allowed senders to send ringless voicemails, i.e., voicemails not preceded by a phone call. [This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. ” [Note 1: I HATE getting voicemails.

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Eric Goldman

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. 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. Never has, never will.

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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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MatterSuite

APRIL 24, 2024

A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. The median cost of defending a legal malpractice lawsuit is $100,000.

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Lawyer Failure-to-appear Lawsuit Compliance 52

Debevoise Data Blog

JUNE 22, 2021

Not surprisingly, in these early days of CCPA private actions, plaintiffs are trying to push the boundaries of the law and testing who, when, and why a CCPA claim may be brought. 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

Whether you are a lawyer, firm, or law student, it is important to know about legal motions. In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims. In this motion, the moving party can ask for entitlement of the judgment as a matter of law.

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Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. FN: I say the 2023 Super Bowl because the Supreme Court necessarily will be taking Internet Law cases every term for the foreseeable future, and each new Internet Law case they take has the capacity to rock our world.] Supreme Court [FN]. Taamneh and Gonzalez v.

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Eric Goldman

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. Citing Sellers v.

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e-records Court Law Law 71

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

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.

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Defendant Failure-to-appear Court Lawsuit 85

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

MARCH 28, 2023

Not unreasonably, lawyers continue to view this language from the 9th Circuit as an invitation to explore the possibility that somewhere in the law is an affirmative right to scrape public data. 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

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Defendant Court Failure-to-appear Litigator 104

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.] By guest blogger Elizabeth Townsend Gard , John E. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. 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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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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Eric Goldman

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No. 21-869 (May 18, 2023). 569 (1994).

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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

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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Defendant Failure-to-appear Court Law 75

Eric Goldman

JULY 16, 2023

The plaintiffs claimed Armslist was negligent because it failed to perform some of the functions that Wisconsin law imposes on “gun dealers.” Plaintiffs argued that Armslist didn’t educate its users about gun laws. Armslist publishes users’ classified ads for guns. My blog post on the district court rulings.

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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

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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Eric Goldman

JANUARY 26, 2024

Route responds that CRFA does not apply to commercial solicitations and that the non-disparagement agreement is not subject to common-law defamation requirements. Further, the disparagement agreement is not limited by common-law defamation requirements. * Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D. Lulifama.com LLC, 2023 U.S.

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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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Software Defendant Failure-to-appear Compliance 52

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. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole. Supervising Sentencing 57 UC Davis L.

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Eric Goldman

SEPTEMBER 19, 2023

Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment. As a result, state legislatures, both red and blue, are producing a flood of Internet censorship laws will tie up the courts for years. The CDA essentially required websites to authenticate user age.

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