Eric Goldman

JUNE 6, 2025

Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. It’s the king of US legacy media suing the company that is synonymous with generative AI in the United States. 1202(b)(1), which prohibits “intentionally remov[ing] or alter[ing] any copyright management information” (“CMI”).

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Defendant Court Lawsuit State law 62

Eric Goldman

FEBRUARY 16, 2025

Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws. With Section 230 out of the picture, the opinion must march through a multi-state analysis for various claims.

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Defendant Court Litigation Litigator 55

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 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. ” * Doe v.

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Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

AUGUST 27, 2024

Accordingly, every time he played NBA 2K21 with his customized player, Plaintiff alleges that Amazon obtained, disseminated, and stored his biometric information. Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.”

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Lawsuit Defendant Court State law 98

Eric Goldman

MAY 17, 2024

When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. 301(a) , which preempts state laws “equivalent” to copyright.

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Judge State law Court Federal law 130

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. I will have a more complete analysis of the cases soon. The post Statement on the Supreme Court’s Ruling in Moody v.

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Court Defendant Lawsuit State law 115

Eric Goldman

DECEMBER 13, 2023

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with 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 98

3 Geeks and a Law Blog

JULY 11, 2023

Ellington explains that the impetus for creating SessionGuardian came from working with a law firm to secure their work with eDiscovery vendors and contract attorney staffing agencies. Ellington realized the technology could provide secure access to sensitive information from anywhere.

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Law firm Time-tracking Due diligence Attorney 189

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection.

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Defendant Lawsuit Court State law 52

CaseFox

DECEMBER 21, 2023

To seek retribution or compensation for perceived harm or wrongdoing, one party (the plaintiff) files a civil litigation lawsuit against another party (the defendant). Discovery is the process by which parties exchange information and evidence. Employment law, for example, where an employee suffers discrimination.

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Litigation Litigator Dispute resolution Criminal trial 52

Debevoise Data Blog

JUNE 11, 2024

state law developments all reinforce the incentives for companies to adopt AI governance programs. It will take time to modify contractual arrangements between deployers and developers to ensure that all of the required information is provided. Modify contracts. Choosing a risk management framework.

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Law Law Compliance Attorney 40

Debevoise Data Blog

OCTOBER 18, 2021

These laws do not target facial recognition in particular but regulate the use of biometric information (which includes many forms of facial data) among the many types of personal data that they cover. The law contains two main requirements. Jurisdictions vary on whether photographs are covered as a form of biometric data.

Law 52

Law Law Court Time-tracking 52

Legal Tech Monitor

JULY 11, 2023

Ellington explains that the impetus for creating SessionGuardian came from working with a law firm to secure their work with eDiscovery vendors and contract attorney staffing agencies. Ellington realized the technology could provide secure access to sensitive information from anywhere.

Law firm 52

Law firm Time-tracking Due diligence Attorney 52

Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. This case is about punishing the Defendants for their speech. United States , 141 S. hiQ Labs, Inc.

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Court Litigation Litigator Defendant 123

Eric Goldman

FEBRUARY 7, 2024

” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.”

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Lawsuit Machine learning Court Defendant 111

Debevoise Data Blog

OCTOBER 26, 2021

Federal and State Legislation There is currently no federal law that specifically regulates biometric privacy. Among other proposed federal legislation, the National Biometric Information Privacy Act of 2020 died in Congress last year. It would also prohibit disclosure of such data, with limited exceptions.

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Compliance Federal law Data protection Machine learning 52

Debevoise Data Blog

JANUARY 14, 2022

These new measures include public reporting on the FTC’s criminal referral efforts on a regular basis, the development of guidelines for referrals and regular meetings with federal, state, and local criminal authorities to facilitate coordination.

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Compliance Court Litigation Litigator 52

Eric Goldman

DECEMBER 29, 2023

Twitter , the FOSTA workaround to Section 230 fails: “Doe expressly alleges he informed Grindr he was over eighteen, so his direct perpetrator claim fails on this record because he cannot now assert that Grindr knew or should have known that Doe was a minor.” ” FOSTA. Citing Doe v. Reddit and Doe v.

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Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

MAY 5, 2024

For example, state law might grant a high-ranking official like the director of the state department of transportation broad responsibility for the state highway system that, in context, includes authority to make official announcements on that subject. Assessing Winners and Losers. Loser: the court system.

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Court Defendant State law Law 95

Martindale-Avvo

MAY 6, 2025

Attorneys General take action to enforce antitrust laws, bringing suit against alleged violators of the acts. Antitrust attorneys defend companies against these claims. Only the Department of Justice (DOJ) can bring an action for criminal prosecution under the federal antitrust laws.

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Law Law Lawsuit Defendant 52

Eric Goldman

SEPTEMBER 27, 2024

It refers to information provided by another information content provider, which divides the world into first-party content and third-party content. The Florida federal court might also apply Florida state law, which includes the old Doe v. ” This makes no sense.

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Court Lawsuit Judge Defendant 105

Eric Goldman

FEBRUARY 8, 2025

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. Defendants require all videos to contain tags. No video could be uploaded without choosing from a set of Defendants’ created tags.

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Defendant Lawsuit Judge Court 59

Eric Goldman

MAY 26, 2025

The court says this isn’t a dispositive issue because “Judge Coogler would have come to the conclusion that Defendants were content providers and thus not entitled to immunity under Section 230 even if he had not considered Anderson.” TikTok ruling. This is both a Section 230 AND First Amendment issue. ” Say what?

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Defendant Failure-to-appear Court Judge 55

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.

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Defendant Lawsuit Failure-to-appear Court 117