Eric Goldman

FEBRUARY 21, 2025

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. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v.

Intellectual Property

Percipient

JULY 1, 2025

When law enforcement serves a warrant or a civil litigant serves a subpoena seeking your company’s electronically stored information, is your organization prepared to properly respond? For instance, the government is often entitled to more information than a private civil litigant. United States , Misc. See Google v.

Compliance

Martindale-Avvo

OCTOBER 29, 2024

Most critically, relationship contracts (where used to define respective roles of each party and not deal with purely financial or property matters) are not legally enforceable, whereas prenuptial agreements, provided they meet required criteria usually established by state law, are legally binding contracts which can be enforced by a court.

Attorney

Eric Goldman

MARCH 22, 2025

Laura Heymann (William & Mary Law) Jeffrey Hunt Angie Jin Josh King Jonathan Klinger Prof. Stacey Lantagne (now of Western New England Law) Prof. Christa Laser (Cleveland State Law) Prof. Yassine Lefouili (Toulouse School of Economics) David Levine (Elon Law) Yoram Lichtenstein Prof. Jeff Kosseff (U.S.

Law

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.

Lawsuit

Eric Goldman

JUNE 26, 2025

Plausible allegations that YouTube “generally benefitted from sex traffickers’ use of [its platform]” do not establish that YouTube’s “own conduct” violated section 1591 Case Citation : In re YouTube Trafficking Litigation , 2025 WL 1745759 (N.D.

Lawsuit

Martindale-Avvo

MAY 6, 2025

The role of antitrust attorneys The role of lawyers in antitrust tends to fall either in antitrust litigation or in advisory and drafting services during mergers and acquisitions. Attorneys General take action to enforce antitrust laws, bringing suit against alleged violators of the acts.

Law

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. That’s a litigation strategy, I guess. Given that track record of futility, it’s surprising to see any of these cases gain any traction at all.

Defendant

Justia Legal Marketing & Technology blog

JULY 9, 2025

From executive orders and Supreme Court decisions to emerging state laws and litigation, the program delivers a thorough analysis of legal forces shaping LGBTQ+ lives nationwide. This session is especially relevant for attorneys practicing in civil rights, constitutional law, employment, healthcare, and family law.

Time-tracking

Eric Goldman

MAY 1, 2025

The court breezily rejects each of his state law claims, including the Florida social media censorship claim that relied on an unconstitutional law that’s enjoined. Selected Posts About State Action Claims WeChat Defeats Account Termination LawsuitSun v. Facebook YouTube Still Isnt a State ActorAlbertson v.

Court

Eric Goldman

DECEMBER 16, 2024

Spoiler: Probably No One) * FOSTAs Political Curse * FOSTA Doesnt Help Pro Se Litigants Defamation Claim Against Facebook * Constitutional Challenge to FOSTA Dismissed for Lack of Standing (Guest Blog Post) * An Update on the Constitutional Court Challenge to FOSTAWoodhull Freedom v.

Lawsuit

Eric Goldman

JANUARY 11, 2025

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. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v.

Court

Eric Goldman

APRIL 3, 2025

Without Section 230, and in the face of a tsunami of new state laws imposing onerous obligations on UGC sites, I will be burdened with increasing legal risks and obligations for allowing readers to comment. What will Internet Law look like in 10 years? I also am a UGC site in that I permit readers to post comments.

Lawsuit

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.

Defendant

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. Supreme Court.

Court

Above the Law - Technology

NOVEMBER 21, 2023

In March, the Illinois law firm, MillerKing brought the putative class action against DoNotPay on behalf of “all law firms in the United States,” alleging false association and false advertising under the federal Lanham Act and Illinois state law.

Court

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

In some cases, a consumer might resort to alternative dispute resolution , rather than litigation. Either arbitration or mediation may be faster and less expensive than litigation. The federal government has not yet enacted a comprehensive data privacy law, although various federal laws protect certain types of people or information.

Mediator

Debevoise Data Blog

SEPTEMBER 30, 2021

What is less known is that many of these states also impose substantive cybersecurity requirements. In this Debevoise Data Blog post, we examine the general cybersecurity obligations under state law, including common themes and recent developments. Emerging Themes of State Law Cybersecurity Requirements Taking all these U.S.

State law

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. Discovery is the process by which parties exchange information and evidence.

Litigation

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.

State law

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

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. I will have a more complete analysis of the cases soon.

Court

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. ” The court cites Force v. Facebook , but it could have cited to any of literally hundreds of cases.

Failure-to-appear

Eric Goldman

FEBRUARY 1, 2024

Power Ventures for the proposition that de minimis losses can state a 502 claim…belated kudos to Facebook’s litigation team for setting key Facebook-favorable precedent ] Facebook also challenged that it made sufficient “use” of the data. This sounds like the recipe for an infinite litigation machine.

Time-tracking

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. ML Genius v. This leaves us with a rather deep split of authorities.

Court

Eric Goldman

SEPTEMBER 26, 2024

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.

Court

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

Court

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

Court

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.

Court

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.

Litigation

Legal Expert Connections

AUGUST 21, 2023

Law firms with a low profile are losing visibility. Existing litigation panels are being consolidated and law firms are being removed to achieve a more manageable panel level. Regional law firms are gaining favor. Even good firms can be cut when hard business decisions need to be made.

Law firm

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 regardless of what you and I think about this legal regime, that is the current state of the law.

Intellectual Property

Debevoise Data Blog

DECEMBER 1, 2021

Information Privacy Law. With a thorough discussion of the nuances related to advertising and tracking, this section also covers the new privacy laws impacting the industry, including updates stemming from the CCPA, the Virginia Consumer Data Protection Act (VCDPA), and the Colorado Privacy Act.

Law

Legal Tech Monitor

NOVEMBER 21, 2023

In March, the Illinois law firm, MillerKing brought the putative class action against DoNotPay on behalf of “all law firms in the United States,” alleging false association and false advertising under the federal Lanham Act and Illinois state law.

Court

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. But normative judgments aside, ProCD v.

Judge

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.

Practice management

LawSites

JUNE 27, 2023

Last year, LexisNexis expanded that to add Judicial Brief Analysis , a tool that enabled users to analyze up to six briefs at a time and receive a report comparing all case law, arguments, citations and quotes. The document analysis tab shows alternative clauses relevant to those within the source document.

Lawyer