Eric Goldman

MAY 12, 2023

A batshit crazy concurrence questions “section 230(c)(1)’s constitutionality as applied to state defamation law” because the Constitution’s Commerce Clause power may not convey “the power to nationalize state common law defamation actions… The internet, and related e-commerce, can certainly be interstate in nature.

e-discovery 111

e-discovery Defendant Time-tracking Lawsuit 111

Percipient

APRIL 22, 2023

23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.” Much of the costs were charges from an e-discovery vendor to collect and search electronically stored information (ESI) , including e-mails relating to Cardinal.

e-discovery 97

e-discovery Court e-records Litigator 97

Eric Goldman

JUNE 20, 2023

For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. Although Goldsmith’s lawyers pleaded the discovery rule ( id. Oracle software case. (See See my commentary on that case here.) Acuff-Rose Music, Inc. , 569 (1994).

Court 98

Court Failure-to-appear e-discovery e-records 98

Eric Goldman

SEPTEMBER 27, 2024

Perhaps Facebook should have done a better job articulating this, but the judge was far too eager to disrespect the editorial function. The court’s statement implicates Internet Law Exceptionalism 101, and this judge–who was so thorough in other discussions–oddly chose to ignore this critical question.

Court 105

Court Lawsuit Judge Defendant 105