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

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

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

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.

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Intellectual Property Lawsuit Defendant Litigator 52

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

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Litigator Litigation Attorney Intellectual Property 52

Clio

DECEMBER 18, 2024

Whether youre a law student attempting to master case briefing, or a lawyer seeking to re-learn this skill to advocate more effectively, this blog post provides a useful cheat sheet to make tackling case briefs more efficient. Unlike legal briefs , case briefs are not submitted to the court or opposing counsel.

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Court Judge Attorney Defendant 96

Brett Trout

MARCH 5, 2025

Paying opposing counsels fees for defending the Motion in Limine; and ?Implementing As the subject matter experts, lawyers are the last line of defense, ensuring that all court filings under their names are based on real, verifiable sources. Promptly withdrawing the Motion in Limine; ?Being Verify all statutes and case citations.

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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. Read more…

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Court Defendant Law firm Lawsuit 61

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?

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Intellectual Property Lawsuit Litigator Litigation 52

Brett Trout

FEBRUARY 5, 2025

Legally, non-patent lawyers lack the skill required to draft patents and are therefore prohibited from drafting patents on behalf of clients.

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Litigator Litigation Court Attorney 52

Eric Goldman

NOVEMBER 27, 2024

is a good law, but a group of plaintiff lawyers are weaponizing it through overly tendentious readings of the law and various TOSes. (A Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8 Their efforts have not been going well.

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MatterSuite

MAY 22, 2025

Lawyers can make sure they provide objective representation and maintain client confidentiality by spotting potential conflicts of interest before accepting a new client or case. 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

FEBRUARY 16, 2025

A reminder: this lawsuit is a battle royale. Each side has phalanxes of lawyers, and no point is too picayune to spar over. 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.

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Defendant Court Litigator Litigation 57

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. The old adage, a good lawyer knows the law; a great lawyer knows the judge. The result?

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Analytics Law firm Law Law 52

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. Picking the Best Trademark Lawyer? 5 Reasons to Trademark Your Brand 1. This is critical in an online world. You may need a U.S.

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Intellectual Property Judge Litigator Litigation 59

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 66

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

Brett Trout

JULY 8, 2025

On June 27, 2025, Lululemon filed a federal lawsuit accusing Costco of selling “confusingly similar” knockoffs of its best-selling clothes—including its Scuba hoodies, Define jackets, and ABC pants. What is the Lawsuit About? The Rise of the “Dupe” Culture This lawsuit is part of a bigger trend: “dupe” shopping.

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Lawsuit Intellectual Property Court Litigator 52

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 27, 2024

Bell has filed at least 25 copyright lawsuits. While this court might ordinarily suspect that such an assertion was made in jest, there is nothing funny about the dozens of lawsuits which plaintiff has filed against numerous entities which, as the Fifth Circuit noted in Eagle Mountain, were mostly public schools or nonprofits.

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Court Lawsuit Litigator Litigation 52

Eric Goldman

JUNE 9, 2025

by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. Claiming otherwise puts Reddit–and its very capable and expensive lawyers–at risk of massive and unrelenting public and judicial derision.

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Lawsuit Failure-to-appear Court Defendant 57

lennyesq

MAY 17, 2025

Were living in a world where allusions to Shakespeares famous first thing we do, lets kill all the lawyers line have become commonplace. They come in the context of the Trump administrations many attacks against lawyers, courts, andperhaps most unexpectedlysome prominent law firms.

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Law firm Law Law Defendant 40

Eric Goldman

FEBRUARY 23, 2025

“Waterman alleges no facts that Defendant had the ability to control the acts of its users or that Defendant was able to use simple measures to remove the infringing material from its platform.” As it turns out, this complaint was filed by a lawyer, Lauren Hausman of Copycat Legal PLLC. Case Citation : Waterman v.

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Lawsuit Defendant Court Lawyer 52

Eric Goldman

JANUARY 9, 2025

9) Supreme Court Tamps Down on Jawboning and Government Social Media Lawsuits. If any of those lawsuits succeed, they pose a potential existential threat to the entire industry. The early rounds have not gone well for the defendants in many cases. Privacy Lawyers May Be Why We Can’t Have Nice Things. Suing a DAO.

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Law Law Court Lawsuit 102

Clio

APRIL 2, 2025

How many personal injury lawyers are in the US? million lawyers in the United States, over 135,000 are personal injury lawyersroughly 10% of all practicing attorneys. About 95% of personal injury lawsuits end in a pre-trial settlement ( The Law Dictionary ). Of the over 1.3 So, what does this data mean for you?

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Injury Lawyer Law Law Attorney 52

Eric Goldman

MAY 22, 2025

Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases. What happens at the end of these lawsuits remains to be seen.

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Lawsuit Defendant Court Failure-to-appear 93

Martindale-Avvo

MAY 6, 2025

The role of antitrust attorneys The role of lawyers in antitrust tends to fall either in antitrust litigation or in advisory and drafting services during mergers and acquisitions. Antitrust attorneys defend companies against these claims. It is the lawyers job to make the argument based on those economic facts convincing.

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Law Law Lawsuit Defendant 52

Eric Goldman

JUNE 13, 2025

The court grants both defendants summary judgment. June 3, 2025) Selected Jawboning Posts Facebook Defeats Armslist’s Account Termination Lawsuit–Armslist v. Missouri Jawboning Defendants Are 6-for-6 in the Ninth Circuit–Hart v. Google Facebook Defeats Jawboning Lawsuit Over COVID Misinformation Removal–Rogalinski v.

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Lawsuit Court Defendant Judge 70

Eric Goldman

NOVEMBER 8, 2024

Immediately after the plaintiff filed its papers on November 1, Judge Daniel sua sponte issues an order that starts: experience has shown that not all defendants named in a Schedule A case work together. ” However, the complaints rarely or never back up this claim with any defendant-specific supporting facts. Alibaba N.D.

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Judge Defendant Lawsuit Court 80

Eric Goldman

MAY 1, 2025

The account termination lawsuits keep coming , so I’ll keep blogging them. Plaintiff also does not allege that any Defendant performed a traditionally public function. Mr. McCarthy contends that after he posted those two cartoons, Defendants disabled his account. Meta Platforms, Inc., 2025 WL 1249157 (D.

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Court Lawsuit Defendant Litigator 72

Eric Goldman

APRIL 18, 2025

Nor has Plaintiff provided factual allegations that could support an inference that there is a close nexus between Defendant, a private entity, and the state, such that Defendant’s actions are attributable to the state. This adds to the ever-growing list of failed lawsuits over account terminations and content removals.

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Lawsuit Defendant Court Litigator 52

Above the Law - Technology

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. Defendant’s misgivings, meaning any facts that might demonstrate the defendant’s lack of character or empathy. The relief sought.

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Lawsuit Legal tech Legal tech Defendant 315

Above the Law - Technology

MARCH 27, 2024

Yesterday, I reported here on a lawsuit filed March 20 in U.S. As it turns out, just a week before she filed her lawsuit, her former company had sued her in federal court in Texas, seeking a declaratory judgment that it had terminated her for cause, and that, as a result, her stock option was also terminated.

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Lawsuit Legal tech Legal tech Defendant 289

Justia Legal Marketing & Technology blog

MAY 4, 2023

Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. This free database provides public records of lawsuits in federal trial and appellate courts. A pending lawsuit in the U.S. If it does not grant either motion, the lawsuit will continue toward trial. In Andersen v.

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Lawsuit Intellectual Property Court Defendant 246

Justia Legal Marketing & Technology blog

AUGUST 13, 2024

When a victim suffers preventable harm, they usually can bring a claim or lawsuit for compensation. This means that a plaintiff will need to prove four main elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation , and damages. Many of these events could have been foreseen and avoided.

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Workers Compensation Defendant Law Law 265

Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

Negligence involves showing that the manufacturer or other defendant failed to use appropriate care. Sometimes punitive damages also may be available if the defendant engaged in egregious misconduct. What Happens When a Defendant Cannot Pay? Defendants tend to fight these cases vigorously whenever possible.

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Defendant Law Law Lawsuit 264

Eric Goldman

DECEMBER 12, 2023

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. As usual, the Schedule A provides threadbare information about each defendant.

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Defendant Lawsuit Judge Court 96