LawSites

JUNE 29, 2022

Today brings news that Gavelytics , a seven-year-old litigation analytics company, is closing its doors effective tomorrow. We built things never before built and answered litigation-related questions never before answerable. The hardest stories I have to report are the ones about legal tech startups that are forced to shut down.

Analytics 98

Analytics Litigator Litigation Judge 98

Discovery Advocate

JANUARY 16, 2024

It is crucial for litigators to carefully consider the terms of an ESI protocol when drafting and before agreeing to it. There are valuable insights to be gained from the case of In re StubHub Refund Litigation , 2023 WL 3092972 (N.D. In StubHub , the parties agreed to produce hyperlinked documents as attachments in the ESI protocol.

Litigator 59

Litigator Litigation Defendant Court 59

Liquid Litigation Management, Inc.

SEPTEMBER 25, 2018

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. She is a sophisticated plaintiff, and she is a representative plaintiff in this litigation.

Defendant 52

Defendant Litigator Litigation Judge 52

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

Defendant 98

Defendant Judge Failure-to-appear Court 98

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

Defendant 99

Defendant Judge Court Litigator 99

Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

Intellectual Property 69

Intellectual Property Defendant Litigator Litigation 69

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially.

Defendant 71

Defendant e-discovery Lawsuit Court 71

Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

Intellectual Property 103

Intellectual Property Lawsuit Defendant Judge 103

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. For a fuller description of the litigation genre and its problems, see my paper.

Court 79

Court Defendant Judge Litigator 79

Eric Goldman

APRIL 21, 2024

I can’t easily track the state court litigation, but the federal litigation is a sight to behold. Case Citation : In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , No. However, life intervened, and my massive blog post got stuck in draft mode. 4:22-md-03047-YGR (N.D.

Litigator 83

Litigator Litigation Court Defendant 83

CaseFox

NOVEMBER 27, 2023

Over time, legal frameworks developed to address these concerns, forming the foundation for contemporary exposure litigation. High-profile incidents, such as Love Canal and asbestos-related diseases, prompted regulatory changes and a surge in environmental and occupational health litigation.

Lawsuit 52

Lawsuit Defendant Litigator Litigation 52

Eric Goldman

FEBRUARY 18, 2024

Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated. .”

Judge 86

Judge Defendant e-records Court 86

Legal Tech Monitor

JULY 10, 2023

Establishing personal jurisdiction over defendants in cryptocurrency class actions in the U.S. requires an embrace of innovative solutions that account for the unique characteristics of this digital landscape.

Litigator 40

Litigator Litigation Defendant 40

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

Court 119

Court Defendant Judge Lawsuit 119

Eric Goldman

JANUARY 11, 2024

On appeal, the Ninth Circuit finds that the district court didn’t make any reversible errors–except that the pro se litigant should get another chance to amend the complaint, even though it’s pretty clear that it’s doomed, which sounds like everyone gets to do more work before arriving at the inevitable denouement/status quo.

Defendant 72

Defendant Court Litigator Litigation 72

Clio

MARCH 15, 2024

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. What is a motion to dismiss? In some U.S.

Defendant 52

Defendant Hearing Court Lawsuit 52

Eric Goldman

DECEMBER 5, 2023

A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. But sealing defendants’ identities directly conflicts with courtroom transparency, a foundational principle essential for trust in our judicial system. Those defendants never reach the default judgment stage.

Judge 73

Judge Defendant Court Litigator 73

Eric Goldman

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. The costs of defending those lawsuits is a financial punishment with censorial consequences, even if the defendant never violated the law.

Defendant 76

Defendant Time-tracking Court Litigator 76

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

A lawsuit usually starts with a complaint , which the plaintiff files with the court and serves on the defendant. In the complaint, the plaintiff explains the basis for their claim and the remedy that they are seeking, such as money or an order to tell the defendant to do or not do something.

Lawyer 80

Lawyer Mediator Lawsuit Defendant 80

LawSites

MARCH 26, 2024

The plaintiff, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law. The defendants have not yet filed an answer in the lawsuit. For ClaimDeck, she became head of product and chief operating officer.

Lawsuit 54

Lawsuit Defendant Legal tech Legal tech 54

Eric Goldman

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). The parties are already in litigation. The generic manufacturer is already under a litigation hold. Violating that hold will lead to adverse consequences in the litigation as well as possible criminal punishment.

Defendant 78

Defendant Court Litigator Litigation 78

Discovery Advocate

MARCH 30, 2023

In re Google Play Store Antitrust Litig., — F. In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 3d —-, 2023 WL 2673109, No.

e-discovery 52

e-discovery Defendant Litigator Litigation 52

Discovery Advocate

MARCH 31, 2023

In re Google Play Store Antitrust Litig. , In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21 MD 2981 (JD) (S.D.N.Y.

e-discovery 52

e-discovery Defendant Litigator Litigation 52

Debevoise Data Blog

JUNE 22, 2021

Companies should review and test their website and application code, as well as cloud configurations, to defend against misconfigurations potentially resulting in inadvertent data exposure. The Defendant has filed a second motion to dismiss following the Plaintiff’s filing of a second amended complaint. In Vennerholm v.

Litigator 52

Litigator Litigation Defendant Failure-to-appear 52

MatterSuite

DECEMBER 11, 2023

When a lawsuit is filed, it is the complaint (or the equivalent initial pleading) that outlines the plaintiff’s grievances or claims against the defendant. Filing a complaint serves the defendant with a copy, which informs them of the claims being made against them. It is a claim made by the defendant against the plaintiff.

Defendant 52

Defendant Lawsuit Law Law 52

MatterSuite

DECEMBER 11, 2023

When a lawsuit is filed, it is the complaint (or the equivalent initial pleading) that outlines the plaintiff’s grievances or claims against the defendant. Filing a complaint serves the defendant with a copy, which informs them of the claims being made against them. It is a claim made by the defendant against the plaintiff.

Defendant 52

Defendant Lawsuit Law Law 52

lennyesq

AUGUST 29, 2023

The products at issue in this litigation are safe and effective when used properly. 3M is prepared to continue to defend itself in the litigation if certain agreed terms of the settlement agreement are not fulfilled,” the company said. Read more…

Hearing 54

Hearing Defendant Lawsuit Litigator 54

Eric Goldman

JULY 26, 2023

for now…) CFAA claims Chegg brought a CFAA claim against the defendant because: 1) its data is behind a log-in screen; 2) Chegg thinks that the defendant got the data while using a free trial; and 3) the defendant is still using the data to undermine Chegg’s core business after getting the cease-and-desist letter.

Defendant 85

Defendant Intellectual Property Court Judge 85

Legal Tech Monitor

NOVEMBER 3, 2023

Attorneys will also receive $150 per hour “for time reasonably expended out of court” (up from its previous minimum of $50 per hour) and maximum compensation for representing an indigent defendant of $10,000 (up from its previous maximum of $5,000). The amendments are effective on Jan. Rule 299 was last updated in 2006.

Court 52

Court Attorney Defendant Litigator 52

Eric Goldman

OCTOBER 17, 2023

The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The court says the defendants waived any fair use defense by briefing it inadequately. For unexplained reasons, it does not appear that the defendants are invoking the 512 defense.

Defendant 93

Defendant Failure-to-appear Court Law 93

Brett Trout

MAY 6, 2024

The Court held that the brunt of the harm caused by a defendant’s activities need not be suffered in the declaratory judgment state, as long as at least a “jurisdictionally sufficient amount of harm” is suffered in the state.

Lawsuit 52

Lawsuit Dispute resolution Court Defendant 52

Eric Goldman

OCTOBER 25, 2023

The Tattoo was created to capitalize on the portrayal of Joe Exotic created by Defendants’ series, and that is why there is a seeming similarity in purpose, not vice versa. The litigants are in different markets. “Plaintiff sells tattoos and gift cards for her tattoo business, and Defendants sell a streaming media service.”

Defendant 82

Defendant Court Litigator Litigation 82

Eric Goldman

JULY 14, 2023

You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube.

Lawsuit 78

Lawsuit Court Machine learning Defendant 78

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Ratermann v.

Lawsuit 62

Lawsuit Defendant Failure-to-appear Court 62

Eric Goldman

AUGUST 23, 2023

It is impossible to discuss the current state or future strategies of anticounterfeiting and antipiracy enforcement without addressing the phenomenon of rightsowners enumerating IP defendants on sealed Schedule As, a phenomenon I call the “SAD Scheme.”

Defendant 80

Defendant Litigator Litigation Law 80

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Court 52

Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Court 52

Court e-discovery Defendant e-records 52