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.

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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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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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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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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.” That was an obviously problematic conclusion. Nevertheless, the Tenth Circuit dodges it: “We need not reach this issue.

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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.

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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.

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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.

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Eric Goldman

APRIL 29, 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. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v.

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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. Proponents of this technology argue companies can achieve better customer satisfaction while reducing costs of human-supported customer service.

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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. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v.

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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.

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Debevoise Data Blog

JULY 12, 2022

Even if not enacted, its provisions are likely to influence a future federal privacy law. And, in many ways, the ADPPA may set a new minimum standard that will shape any state laws passed to fill the void left by the lack of a federal privacy law. We’ve previously written about the development of U.S. ADPPA § 302(a).

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Wisblawg

JANUARY 16, 2024

Evaluating the significance, legality, and desirability of legislative vetoes must start with an understanding of the existing legal landscape, including the wide array of state law provisions and court decisions across the country. In other states, direct litigation over the mechanism seems not to have occurred.

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Eric Goldman

APRIL 1, 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. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v.

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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.

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

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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.

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Legal Tech Monitor

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.

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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.

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Legal Expert Connections

DECEMBER 1, 2018

This practice of sharing lodestar hours is used by class action lawyers to split the cost of litigation, but it is also criticized by legal experts as a method of covering up anti-competitive practices. Law Firm Business Development and Marketing Consultant If your law firm is asking how you can get more business, give us a call.

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3 Geeks and a Law Blog

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

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Debevoise Data Blog

OCTOBER 26, 2021

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses. Has the company obtained those individuals’ consent?

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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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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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Legal Tech Monitor

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

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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.

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CaseFox

DECEMBER 22, 2023

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. It’s not enough to comply with just the federal or the state law.

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Eric Goldman

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Despite that, I’m sure the plaintiffs will appeal this ruling back to the Ninth Circuit. Case Citation : Doe v. Twitter, Inc. 2023 WL 8568911 (N.D. 11, 2023) BONUS: In the Doe v.

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Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. Last October , in Doe v. Reddit, the Ninth Circuit issued an important ruling interpreting FOSTA.

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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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Eric Goldman

MAY 2, 2024

Snap litigation. Salesforce invoked the Fifth Circuit’s Doe v. MySpace ruling, which is binding on this court (whereas the GG decision is not). The MySpace precedent is shaky in the Fifth Circuit after the recent Doe v.

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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. 2019 IL 123186, 129 N.E.3d million settlement. May 15, 2020).

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Berkley Technology Law Journal

JULY 9, 2022

And I think they could certainly be protected under both copyright, to which we typically turn to protect works of art, and also state law rights of publicity, to which we typically turn to protect people’s names, images, and likenesses. [Professor Molly Van Houweling] [11:11] Yeah, it’s a really thought-provoking question.

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Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. A patent owner can enforce their rights by pursuing patent infringement litigation.

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