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.

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Case law Judge Defendant Law 130

Eric Goldman

MAY 25, 2025

Separately, he brought a lawsuit over the Are We Dating the Same Guy? ” 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.” He recently served time in prison for tax issues.

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Lawsuit Court Defendant Litigator 74

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. Seriously, Toyota? Do better).

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Defendant Judge Court Lawsuit 52

Eric Goldman

MAY 27, 2025

Riehl asked ChatGPT to summarize a lawsuit involving the foundation. Riehl knew that ChatGPT’s claim was fishy and that the ChatGPT version he was using had an index cutoff date before the lawsuit filing. Implications Wow, this lawsuit was terrible. ” Life is too short to file lawsuits like this. Superior Ct.

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Lawsuit Court Litigator Litigation 65

Eric Goldman

MARCH 28, 2025

Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. This opinion raised numerous Section 230 jurisprudential issues. The court disagrees. ” What?

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Defendant Lawsuit Court Judge 81

Eric Goldman

APRIL 11, 2025

Redbubble and the Sunfrog cases because the defendants in those cases exhibited sufficiently more indicia of controland presented more opportunity for consumer confusion by using their own tags and labels. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Schedule A Defendants My Declaration Identifying Emoji Co.

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Defendant Court Judge Lawsuit 52

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.

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Litigator Litigation Intellectual Property Attorney 59

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 1] Proving Defendants Use of Training Data Inputs. In Millette v. OpenAI, Inc., Showing Substantial Similarity of Generative AI Outputs.

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

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.

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Litigator Litigation Attorney Intellectual Property 64

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 52

Litigator Litigation Attorney Intellectual Property 52

Brett Trout

FEBRUARY 11, 2025

Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.

Intellectual Property 52

Intellectual Property Lawsuit Defendant Litigation 52

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.

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Court Defendant Law firm Lawsuit 61

Clio

DECEMBER 18, 2024

Outline the case facts In this section, you will outline the relevant facts that led up to the filing of the lawsuit. 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.

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Court Judge Attorney Defendant 96

Martindale-Avvo

FEBRUARY 7, 2025

We have all heard about the lawsuit involving Blake Lively and Justin Baldoni. In response, Baldoni released additional messages in an attempt to defend himself. Even public figures are not immune to the potential impact of text messages.

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Court Attorney Defendant Lawsuit 64

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

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Court e-filing Intellectual Property Legal research 59

Brett Trout

JULY 15, 2025

laws, like the Defend Trade Secrets Act, offer some protection. Tags: AI , Artificial Intelligence , best practices , court cases , cyber law , information technology , Internet Law , Iowa , lawsuit , trade secrets Related posts SAG-AFTRA Goes After Fortnite’s A.I. But enforcement is tricky.

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Court Lawsuit Defendant State law 59

Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

Intellectual Property 52

Intellectual Property Lawsuit Litigator Litigation 52

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.

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Defendant Court Judge Lawsuit 106

Brett Trout

FEBRUARY 5, 2025

This latest decision by the UPC’s serves as a stark reminder of the consequences of inadequate patent drafting and the essential role of qualified patent attorneys in securing and defending your innovations.

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Litigator Litigation Court Attorney 52

Eric Goldman

NOVEMBER 27, 2024

violations; but I also think it’s clear this lawsuit is going to fail eventually. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8

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Defendant Law Law Court 77

Eric Goldman

FEBRUARY 16, 2025

A reminder: this lawsuit is a battle royale. This core theory of injury focuses on the impact of compulsive use itself, irrespective of third-party content, defendants protected publishing activity and defendants protected first-party speech. 7, 2024) The plaintiffs named Zuckerberg as a defendant individually.

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Defendant Court Litigator Litigation 57

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. .” These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation.

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Court Defendant Failure-to-appear Lawsuit 59

MatterSuite

MAY 22, 2025

Mitigate Malpractice Risks and Legal Disqualifications Overlooking conflicts invites catastrophic consequences: malpractice lawsuits, court sanctions, or forced withdrawal from cases. Defend the Firm’s Reputation and Client Trust A single conflict oversight can irreparably damage a firm’s credibility.

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Compliance Machine learning Time-tracking Software 52

Eric Goldman

JUNE 10, 2025

Flixbus successfully defends by saying that the plaintiff consented to the disclosures via its TOS. This is a Meta Pixels case involving the bus service Flixbus. This remains the case even it this means the user’s selected seats may no longer be available after the timer elapses. cite to the Oberstein v.

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Time-tracking Defendant Court Lawsuit 57

Brett Trout

JULY 9, 2025

Build a Barrier to Imitators Registering your trademark puts competitors and counterfeiters on notice that your brand is legally protected, and that you are prepared to defend it. Having the knowledge of what it takes to win a trademark infringement lawsuit helps inform the best practices on the registration side.

Intellectual Property 59

Intellectual Property Judge Litigator Litigation 59

Eric Goldman

MARCH 20, 2025

The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. This case involves the Homeaglow/Dazzle Cleaning services.

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Defendant Court Lawsuit Law 52

Clio

APRIL 17, 2025

If your plaintiffs firm is consistently appearing before a judge that statistically favors motions to dismiss from defendants, you can factor that into your revenue projections and estimated timelines. Even your firms internal workings can be improved when predictive analytics are used to make better decisions on staffing and case management.

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Analytics Law firm Law Law 52

Eric Goldman

MAY 28, 2025

The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed preliminary injunction. ” Are the claims against those other defendants still active? This started out like every other SAD Scheme case.

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Defendant Judge e-filing Court 57

Eric Goldman

MARCH 3, 2025

The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. Capital One defended on Section 230 grounds (among others).

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Court Compliance Defendant Lawsuit 52

Eric Goldman

NOVEMBER 17, 2024

[Note: the defendants in this case are enumerated on an “Annex A” instead of “Schedule A.” Judge Harjani says the plaintiff’s papers contain “a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship.”

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Judge Defendant Court Time-tracking 52

Brett Trout

JUNE 25, 2025

Startup IYO, spun out of Google’s moonshot X lab, just won a major victory in its lawsuit against OpenAI, Sam Altman, and Ive’s design studio LoveFrom. District Judge Trina Thompson issued a temporary restraining order barring the defendants from using the name “IO” to market their new AI device—at least for the time being.

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Judge Lawsuit Machine learning Court 40

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. The lawsuit boils down to two key allegations, (1) OpenAI uses copyrighted content to train their LLMs, and (2) occasionally spews out copyrighted content in its answers to customer queries. Opinion at 17. The court agreed.

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Defendant Court Lawsuit State law 65

Eric Goldman

JULY 9, 2025

But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. At the same time, this lawsuit seems to have inspired a lot of interest—in the Costco products.

Failure-to-appear 113

Failure-to-appear Lawsuit Intellectual Property Court 113

Eric Goldman

MAY 7, 2025

The defendant Nivoda is an online retailer[FN] that displays how its prices are discounted compared to the Rapaport prices (see screenshot). ”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? This lawsuit was filed in early January. May 2, 2025).

Lawsuit 59

Lawsuit Defendant Judge Court 59

Eric Goldman

JUNE 11, 2025

Think Again–In re Meta Healthcare Pixels More Chaos in the Law of Online Contract Formation Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed The post Court Rejects Trespass to Chattels Claim Over Placing Cookies–Doe v. Google (Catch Up Post) Think You Understand Online Trespass to Chattels Law?

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Court Time-tracking Defendant Lawsuit 69

Eric Goldman

OCTOBER 23, 2024

The defendant displayed its own trademark in the ad copy, not the plaintiff’s, so the marks were dissimilar. Still, Judge Desai gets back on track when she says: “keyword bidding does not require the defendant to display or affix a mark—internally or externally—in the advertising of its services.” Mark Similarity.

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Lawsuit Judge Defendant Court 105

Eric Goldman

DECEMBER 12, 2024

I previously blogged his lawsuit against CNN. The defendants include Rick Wilson, a Lincoln Project co-founder with 1.5M The only clear through-line I see is the quest for raw power, i.e., strong defamation rights when you’re a plaintiff, weak defamation rights when you’re a defendant. followers at Twitter.

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