Above the Law - Technology

NOVEMBER 21, 2023

The firm based its lawsuit on DoNotPay’s claims that it allows consumers to “[f]ight corporations, beat bureaucracy and sue anyone at the press of a button,” even though it is not licensed to practice law. ” Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. A second California lawsuit, Lee v.

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Eric Goldman

DECEMBER 10, 2023

.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors’ alleged misdeeds, going so far to breathlessly issue a press release that it had “filed a $500 million lawsuit against tech giant Amazon.” They have raised a total of $150 of their $500k goal. Google opinion.

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Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

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Eric Goldman

MARCH 8, 2024

If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year. As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value).

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Eric Goldman

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. ” As the court then explains, there are many circumstances where it’s perfectly appropriate to do so, and where the failure to do so would allow the putative copyright owner to weaponize the court system.

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Eric Goldman

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. Overall, today was a better-than-expected day for the Internet’s short-term future. [FN:

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Eric Goldman

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Legal Tech Monitor

NOVEMBER 21, 2023

The firm based its lawsuit on DoNotPay’s claims that it allows consumers to “[f]ight corporations, beat bureaucracy and sue anyone at the press of a button,” even though it is not licensed to practice law. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. A second California lawsuit, Lee v.

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Brett Trout

MAY 30, 2024

Design patents protect the overall appearance, visual impressions, artistry, and style of ornamental subject matter. When combining these secondary designs they had to be “so related [to the Rosen reference] that the appearance of certain ornamental features in one would suggest the application of those features to the other.”

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Eric Goldman

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. 22-15879 (9th Cir. Citing Sellers v.

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TechLaw Crossroads

JANUARY 12, 2023

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. I skate to where the puck is going to be, not where it has been Wayne Gretzky Last week, I was back at the sprawling CES (formerly known as the Consumer Electronics Show) in Las Vegas. CES goes out of its way to accommodate the media.

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CaseFox

JUNE 29, 2023

Legal motion management is an essential aspect of the litigation process. For lawyers, attorneys, and parties involved in the litigation, it is necessary to understand the legal motion practice. In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims.

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AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

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Legodesk

NOVEMBER 21, 2021

Legal practice data management is the process of organizing, storing, and retrieving data related to legal cases. This can include information on clients, cases, documents, and more. An effective legal practice data management system can help lawyers to work more efficiently and increase their win rate.

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Legodesk

NOVEMBER 21, 2021

Legal practice data management is the process of organizing, storing, and retrieving data related to legal cases. This can include information on clients, cases, documents, and more. An effective legal practice data management system can help lawyers to work more efficiently and increase their win rate.

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Eric Goldman

JUNE 14, 2024

It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts. Despite the importance of those Fall 2023 rulings, I never blogged either.

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Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it.

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Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

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Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.

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Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Eric Goldman

JANUARY 26, 2024

The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.

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Eric Goldman

JULY 12, 2025

While the Yelp Law (and the CRFA) are good policy initiatives, the Yelp Law contained a miscalibrated private right of action that has spurred a spate of meritless lawsuits. The court suggests that Uniqlo’s TOS designated New York as the litigation venue, which would explain this choice.

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Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. As usual, a key non-litigant is Rightscorp, which sent 1.3M For more background on this issue, see this rrcap and the links at the bottom of this post. NOCIs to Grande between 2011 and 2017.

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Eric Goldman

MAY 26, 2025

is directly on point; the Court held that willful ignorance of a provider, without more, cannot sustain a violation of a sex trafficking statute such as 2252 or 2252A… Plaintiffs here have notand it appears they cannotallege that Apple knew of the specific five CSAM videos sent to Doe, nor of the CSAM videos that Doe sent back.”

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Eric Goldman

NOVEMBER 10, 2024

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and repeal Section 230 in the near future. Charles and Romelus filmed each other while they raped Plaintiff.

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