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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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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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.

Practice management 91

Practice management e-records Case management State law 91

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. Create Music Group, Inc.,

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State law Court Litigator Litigation 62

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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Law Law Data protection Litigator 52

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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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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Court Litigator Litigation Case law 90

LawSites

SEPTEMBER 21, 2021

The legal analytics platform Lex Machina , which is owned by LexisNexis, has added a module for litigation involving claims under the Americans with Disabilities Act, as well as claims under related state laws. .

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Analytics Court Litigator Litigation 61

Eric Goldman

FEBRUARY 7, 2024

Since we affirm the district court’s rulings on the state law claims, we need not resolve the federal law cross appeal.” Letgo appeared first on Technology & Marketing Law Blog. On appeal, the Tenth Circuit affirms the dismissal–without relying on Section 230. Negligence. Letgo, Inc.

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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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Litigator Litigation Compliance State law 40

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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Law Law Law firm Legal advice 52

Eric Goldman

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

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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.

Court 52

Court Litigator Litigation State law 52

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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Practice management e-records Case management State law 40

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.

Intellectual Property 96

Intellectual Property Court Litigator Litigation 96

Eric Goldman

NOVEMBER 30, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Weiner * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

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Defendant Court State law Lawsuit 63

Debevoise Data Blog

JULY 12, 2022

The ADPPA aims to create a national framework that would preempt many, but not all, state privacy laws. It is unclear whether the ADPPA has sufficient support to become law, as it reportedly lacks key support in the Senate. Even if not enacted, its provisions are likely to influence a future federal privacy law.

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State law Federal law Compliance Data protection 52

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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Legal research Legal tech Legal tech Hearing 189

Eric Goldman

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Court State law Litigator Litigation 102

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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State law Law Law Compliance 52

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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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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Lawyer Legal research Attorney State law 67

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.

Lawyer 52

Lawyer Legal research Attorney State law 52

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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Intellectual Property Law Law Court 52

Debevoise Data Blog

OCTOBER 26, 2021

This is Part 2 in a two-part series of articles about facial recognition laws in the United States. In this part, we assess where the law seems to be heading and offer some practical risk reduction strategies. Federal and State Legislation There is currently no federal law that specifically regulates biometric privacy.

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Compliance Federal law Data protection Machine learning 52

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.

Law firm 52

Law firm Law Law Litigator 52

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.

Legal research 52

Legal research Legal tech Legal tech Hearing 52

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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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.

Law 52

Law Law Court Time-tracking 52

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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Court Software Litigator Litigation 74

CaseFox

DECEMBER 22, 2023

About Episode: Host Bio: Guest: Armando Riccio Labor and Employment Law. He has a wide range of experience litigating cases before federal and state courts including claims of wrongful termination, discrimination, harassment, retaliation, Title 59, Section 1983 and related claims, as well as various civil litigation.

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Dispute resolution Law Law Legal tech 52

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Twitter appeared first on Technology & Marketing Law Blog.

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Lawsuit Court Defendant Hearing 107

Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. 230’s Immunity The post The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) appeared first on Technology & Marketing Law Blog. Last October , in Doe v.

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Eric Goldman

MAY 2, 2024

Snap litigation. The court says the claim fails on its prima facie elements because “Plaintiffs have failed to establish that Salesforce had constructive knowledge that Backpage violated relevant sex-trafficking laws as to Plaintiff.” Salesforce invoked the Fifth Circuit’s Doe v. Google LLC , 2024 WL 1892291 (N.D.

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Debevoise Data Blog

JULY 5, 2022

Due Diligence Requirements : The Bulletin states that before utilizing any data collection method, fraud algorithm or rating/underwriting or marketing tool, insurers “must conduct their own due diligence to ensure full compliance with all applicable laws.”

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