Debevoise Data Blog

SEPTEMBER 30, 2021

In this Debevoise Data Blog post, we examine the general cybersecurity obligations under state law, including common themes and recent developments. History of State Law Cybersecurity Requirements One of the first states to impose general cybersecurity requirements was California in 2004. See Cal Civ.

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lennyesq

JUNE 20, 2025

By Erik Ortiz The law went into effect this year, but it’s unclear how many, if any, school districts have begun to comply as litigation could ultimately land before the U.S. The appellate court’s decision upholds a lower court’s ruling in November declaring Louisiana’s law “facially unconstitutional.”

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Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. Common Law Trespass to Chattels Per Hamidi, common law trespass to chattels plaintiffs must show a measurable loss to computer system resources. Are Cookie/Pixel Walls Coming?

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Eric Goldman

FEBRUARY 12, 2025

Given that they are litigating 512(f), your wish was partially granted. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v.

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Eric Goldman

MARCH 22, 2025

Mark Bartholomew (Buffalo Law) Sam Bayard Prof. Law) Nyssa Chopra Prof. Stephen Diamond (Santa Clara Law) Prof. Elizabeth Townsend Gard (Tulane Law) Cary Glynn Prof. Deborah Gerhardt (North Carolina Law) Kyle Graham Franklin Graves Prof. Leah Chan Grinvald (now at UNLV Law) Prof. Lisa Ramsey (USD Law) Prof.

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Eric Goldman

FEBRUARY 16, 2025

Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws.

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Eric Goldman

MARCH 4, 2023

Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. Implications In the ARK case, I wrote: “Section 230 as a basis for removal isn’t a new issue; Cisneros is directly on point and from 2005; but the question has not been litigated frequently.

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CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Employment law, for example, where an employee suffers discrimination.

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Eric Goldman

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess.

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LawSites

APRIL 27, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

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Eric Goldman

NOVEMBER 2, 2023

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Even pro se litigants typically recognize these cases are doomed and rarely file them any more. Nextdoor appeared first on Technology & Marketing Law Blog. ” The court cites Force v.

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Berkley Technology Law Journal

JULY 9, 2022

[Sonali Khanna] 0:12 You’re listening to the Berkeley Technology Law Journal Podcast. To give us a taste of these developments, our guest for today is Professor Molly Van Houweling, a clinical professor at UC Berkeley School of Law, a legal scholar, and an American cyclist. I’m Sonali Khanna. And we’ll start with the basics.

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Eric Goldman

JULY 18, 2023

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Legal Expert Connections

AUGUST 21, 2023

Law firm revenue and profitability for business law firms can erode over time eroding through normal attrition if the managing partner and other lawyers in leadership roles are not focused on a proactive law firm business development program. This is particularly true for small to mid-sized law firms.

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Eric Goldman

SEPTEMBER 26, 2024

Instagram appeared first on Technology & Marketing Law Blog. It would have been easy to save the list at the end of each day. You can essentially hear Judge Alsup’s teeth gnashing in the opinion. 23, 2024) The post Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v.

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Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. A second California lawsuit, Lee v.

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Eric Goldman

FEBRUARY 21, 2025

The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. ” PREACH!

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Legal Expert Connections

DECEMBER 1, 2018

District Judge forced a law firm to reveal its referral fee arrangement in a recent prominent case, many legal experts are suggesting the industry may be at a tipping point where class action firms could be required to more fully disclose the distribution of their fees. After one U.S. Upon this discovery, a U.S. Legal Expert Connections, Inc.

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Debevoise Data Blog

DECEMBER 1, 2021

The Data Strategy and Security team at Debevoise & Plimpton LLP has authored the 2022 edition of the Privacy Law Answer Book (Practising Law Institute, 2021), a user-friendly guide to the laws and regulations that govern how companies collect, use, store and transfer the personal information of their consumers and employees.

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3 Geeks and a Law Blog

FEBRUARY 29, 2024

Pablo emphasizes the importance of quality control, trust, and addressing the nuanced requirements of legal research to ensure that CoCounsel met the high expectations of its users, including law librarians and legal professionals. But what really convinced me this was real was when the law librarian community didn’t rip it to shreds, right.

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Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

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Eric Goldman

APRIL 8, 2025

The court also awards a default judgment for tortious interference based on bogus takedown notices, despite the many cases holding that 512(f) preempts state law equivalents (including the Hyphy case below). Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Federici * Biosafe-One v.

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Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. But the content that they’re trying to protect isn’t theirs—it belongs to their users. It’s user-generated content.

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Eric Goldman

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Kilgore , 2024 WL 5295080 (W.D.

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Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of 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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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. Link to District Circuit Decision

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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. Link to District Circuit Decision

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Debevoise Data Blog

DECEMBER 15, 2021

On December 16, 2021, Anna Gressel and Avi Gesser from our Data Strategy and Security Group were joined by Maeve O’Connor and Jyotin Hamid of our Commercial Litigation Group for a special installment of our Data Security Webcast on artificial intelligence (AI) and cybersecurity whistleblowers.

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Debevoise Data Blog

OCTOBER 18, 2021

And what’s a company to do right now, with facial recognition opportunities presenting themselves today while the law remains a moving target? In this Part 1, we lay out the current laws governing facial recognition in the United States. The Patchwork of Current Facial Recognition Privacy Laws A.

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LawSites

JUNE 27, 2023

When LexisNexis launched its Lexis+ premium legal research service in 2020, the service included Brief Analysis, its answer to a line of products pioneered by legal research company Casetext with its CARA brief analysis tool and followed by companies such as Thomson Reuters and Bloomberg Law.

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Wisblawg

JANUARY 16, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. Unpacking State Legislative Vetoes Univ. In reaching these rulings, states courts have based their holdings on a wide array of provisions of their state constitutions.

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LawNext podcast

APRIL 26, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

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Debevoise Data Blog

APRIL 16, 2024

But the risks of irresponsible adoption of GenAI customer service chatbots, including increased litigation and reputational risk, could eclipse their promise. Examples of such existing authorities include: Federal Unfair or Deceptive Acts and Practices (“UDAP”) laws.

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Legal Tech Monitor

JUNE 27, 2023

When LexisNexis launched its Lexis+ premium legal research service in 2020, the service included Brief Analysis, its answer to a line of products pioneered by legal research company Casetext with its CARA brief analysis tool and followed by companies such as Thomson Reuters and Bloomberg Law.

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Joshua Gilliland

JANUARY 12, 2016

Effectively summarizing the work product doctrine, for a document to be protected, it must: “1) be ‘prepared in anticipation of litigation or for trial’ and (2) be prepared “by or for another party or by or for that other party’s representative.” Cedar Grove, at *18. Cedar Grove, at *20, footnote 4, emphasis added.

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Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

Justia provides a Probate Law Center that can guide executors, heirs, and anyone else involved in the process. To be valid, a will usually must be in writing, created by a testator with legal capacity to make a will, and signed by the testator and witnesses in accordance with state law. Who Manages Probate if There Is No Will?

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Legal Tech Monitor

FEBRUARY 29, 2024

Pablo emphasizes the importance of quality control, trust, and addressing the nuanced requirements of legal research to ensure that CoCounsel met the high expectations of its users, including law librarians and legal professionals. But what really convinced me this was real was when the law librarian community didn’t rip it to shreds, right.

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