Eric Goldman

FEBRUARY 7, 2024

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.” That was an obviously problematic conclusion.

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Lawsuit Machine learning Court Defendant 95

CaseFox

DECEMBER 21, 2023

These conflicts frequently centre on things like property rights, contract violations, personal injury, and family law-related concerns. To seek retribution or compensation for perceived harm or wrongdoing, one party (the plaintiff) files a civil litigation lawsuit against another party (the defendant).

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Litigator Litigation Dispute resolution Criminal trial 52

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 78

Eric Goldman

APRIL 29, 2023

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. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v.

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Court Failure-to-appear Lawsuit State law 96

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Lawsuit Defendant Prosecutor Court 80

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. However, even in the United States, other ways exist to scrutinize contracts over information goods. ML Genius v. Except, of course, that preemption was not raised as a defense in other recent cases.

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Court Litigator Litigation Case law 90

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group. Class actions must meet certain requirements under federal or state procedural rules. However, many federal and state laws allow Americans to stand up for themselves as well.

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Mediator Dispute resolution Law Law 65

The North Carolina Journey of Law and Technology

SEPTEMBER 21, 2023

Supporters of driverless vehicles vehemently defend the technology as “a leap forward that will keep San Francisco on the cutting edge of technology while helping more disabled people who are unable to drive to get around town and reducing the risks posed by drunk driving.”  ”  But are there laws governing their use?

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Defendant State law Court Attorney 52

Joshua Gilliland

JANUARY 12, 2016

Judge Jones explained that the Plaintiff’s effort to confer with the Defendant over a discovery production could “hardly” be described as done in good faith to resolve issues. The Defendants offered three attorney declarations that recounted the call, which the Plaintiff’s attorney did not dispute. Cedar Grove, at *6. Clapper, 804 F.3d

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Defendant Judge Court Legal advice 52

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 85

Eric Goldman

AUGUST 22, 2023

copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal.

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Court Defendant State law Law 86

Debevoise Data Blog

OCTOBER 26, 2021

Companies could also implement processes to confirm that all issues that consumers raise are addressed and that resolutions are documented, so as to comply with the cure provisions of New York City’s facial recognition law. Preparing to defend class actions. Has the company obtained those individuals’ consent? Is that notice public?

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Compliance Federal law Data protection Machine learning 52

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.” ” Third-Party Content. ” Application.

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Failure-to-appear Defendant Lawsuit Court 87

Eric Goldman

MAY 2, 2024

Section 230 says there can be only one defendant for those items of third-party content, and it isn’t the tertiary player Salesforce. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. The plaintiffs also invoked FOSTA.

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Lawsuit Defendant Court Judge 65

3 Geeks and a Law Blog

JULY 11, 2023

Not all, I believe only one or two state laws in the US require it. But again, given the amount of law firms there are, and how important reputation is and goodwill is, you know, I do think that’s where that that comes into play. But it’s really a commercial decision.

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Law firm Time-tracking Due diligence Attorney 189

Eric Goldman

MAY 5, 2023

May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Per Reddit, the panel said yes to Q1 and no to Q2.

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Lawsuit Defendant Court e-filing 97

Eric Goldman

DECEMBER 15, 2023

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v.

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Lawsuit Court Defendant Hearing 106

Eric Goldman

JULY 23, 2023

Thus, this rhetorical move doesn’t help defendants identify what conduct is clearly legal. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.

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Lawsuit Defendant Court Hearing 66

Legal Tech Monitor

JULY 11, 2023

Not all, I believe only one or two state laws in the US require it. But again, given the amount of law firms there are, and how important reputation is and goodwill is, you know, I do think that’s where that that comes into play. But it’s really a commercial decision.

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Law firm Time-tracking Due diligence Attorney 52

Debevoise Data Blog

OCTOBER 18, 2021

State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy.

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Law Law Court Time-tracking 52

lennyesq

JUNE 5, 2023

By Sydney Kashiwagi , CNN A federal judge in Tennessee has ruled that a state law limiting public drag show performances represented an “unconstitutional restriction on the freedom of speech.” “As As a matter of text alone, the (Adult Entertainment Act) is a content, and viewpoint-based restriction on speech. Read more…

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Judge Defendant Law Law 63

Eric Goldman

DECEMBER 29, 2023

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v.

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Lawsuit Defendant Court Failure-to-appear 78

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 Law Law 64

Debevoise Data Blog

JANUARY 14, 2022

To establish individual liability, the FTC must show that the individual defendant participated directly in the illegal practices or had authority to control them. In order to bring an action under this provision, the FTC must establish that the defendant had actual or constructive knowledge ( e.,

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Compliance Court Litigator Litigation 52