Trial Technology

DECEMBER 15, 2017

We work on both sides of the table, and although our primary market is the California courts, we do cover other areas now and then, including a recent $200M arbitration in New York City. Coincidentally, we recently won awards in New York Law Journal for Best Trial Consultant, and Best "Hot Seat" Trial Technicians!

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Trial presentation Litigator Litigation Court 130

Eric Goldman

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. Yet, the court bails YouTube out. The court shreds this chart.

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Court Machine learning Lawsuit Law firm 98

LawSites

JUNE 7, 2021

A first-of-its-kind tool introduced last year to automate the drafting of litigation briefs has been named new product of the year for 2021 by the American Association of Law Libraries. Compose launched with the ability to create core federal court procedural and discovery motions. Casetext says it can cut brief-writing time by 76%.

Legal research 131

Legal research Law Law Litigator 131

Eric Goldman

FEBRUARY 12, 2025

Given that they are litigating 512(f), your wish was partially granted. The court refuses Temu’s preliminary injunction request. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. This time, the pugilists are fast-fashion marketplaces Shein and Temu.

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Court State law Litigator Litigation 59

Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. Double Scienter. Corelogic, Inc.,

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Trial Technology

JANUARY 1, 2018

Many reprints were available on earlier versions of the Litigation-Tech website. The archive is intended to preserve these older articles, which were written prior to the Court Technology and Trial Presentation blog, which I started writing in 2009. Things are different for writers now, in that you can click, and publish.

Trial presentation 130

Trial presentation Litigator Litigation Law technology 130

Eric Goldman

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” That prompted this litigation. CV H-17-1068, 2017 WL 2957912, at *8 (S.D.

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Lawsuit Defendant Court Litigator 129

Eric Goldman

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. His lawsuit against Facebook was dashed by Section 230 in the district court. The Supreme Court denied cert. Freedom Def. Initiative v. Sessions, 697 F. App’x 7 (D.C.

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Lawsuit Defendant Court Litigator 110

Legal Tech Blog

JANUARY 11, 2023

Pre/Dicta , claiming itself the only litigation analytics platform that makes predictions about the outcome of federal lawsuits, announced the acquisition of Gavelytics, a pioneering judicial analytics platform for state court cases. This deal is a major milestone for Pre/Dicta and the entire field of predictive litigation analytics.

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Analytics Litigator Litigation Lawsuit 52

Percipient

APRIL 22, 2023

If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. 23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.”

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e-discovery Court e-records Litigator 97

Legal Tech Monitor

MAY 19, 2023

Illinois courts can receive grant funding for local access to justice initiatives through the Illinois Supreme Court Access to Justice Commission (ATJ Commission) and the Administrative Office of the Illinois Courts Access to Justice Division’s (AOIC ATJ Division) ATJ Improvement Grant. on Monday, June 26.

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Court Legal advice Litigator Litigation 59

Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. 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. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

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

LawNext podcast

SEPTEMBER 26, 2022

For those who have to go to court without a lawyer, navigating the justice system can be daunting. Courtroom5 is a unique justice tech company that addresses that problem by providing pro se litigants with the training, tools, documents and support they need to represent themselves.

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Litigator Litigation Court Practice management 40

LawSites

OCTOBER 19, 2021

A new integration between two litigation-focused legal technology products connects more than 500 million federal and state litigation dockets and documents with a database of expert witness and judicial profiles, with the aim of helping lawyers better evaluate expert witnesses.

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Judge Litigator Litigation Case predictions 52

Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. Next, from the early 2000s until 2017, the primary legal theory that was used to deter web scraping was the Computer Fraud and Abuse Act or the CFAA. And then, in 2017, the famous hiQ Labs, Inc. LinkedIn Corp.

Intellectual Property 98

Intellectual Property Court Litigator Litigation 98

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

SEPTEMBER 15, 2024

The court says that White, the plaintiff, never showed that UMG was aware of his non-exclusive license, but was that required? The court thus concludes that “the factual record contradicts White’s central claim that UMG, in issuing the takedown notices, knew that “Oi!” Benjamin * How Have Section 512(f) Cases Fared Since 2017?

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Time-tracking Court Defendant Case predictions 105

Eric Goldman

MARCH 29, 2023

Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Eric asked me: how would this have been different if the claimant had pursued the traditional route of suing in federal court? The CCB filing cost is about $300 less than federal court. Copyright Office on July 29, 2017.

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e-filing Court Failure-to-appear Dispute resolution 105

LawSites

DECEMBER 29, 2021

In 2017, I bypassed the list to focus on a single overarching development, The Year of Women in Legal Tech.). Do courts fully reopen or not? Also last year, the Minnesota Supreme Court approved a pilot project to permit “legal paraprofessionals” to provide legal services in certain matters. The victim of this limbo is progress.

Legal tech 145

Legal tech Legal tech Practice management e-filing 145

Eric Goldman

FEBRUARY 21, 2025

Invisible Narratives sought an ex parte TRO to prevent that from happening, which the court grants. 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.

Intellectual Property 40

Intellectual Property Court Hearing State law 40

LawSites

APRIL 6, 2023

When UniCourt was founded in 2017 to provide access to court data and analytics, APIs were an afterthought, cofounder Josh Blandi now says. The company’s original focus was on building an application to provide law firms and others with easy access to federal and state court records.

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Analytics Court Legal marketplace Law firm 80

LawSites

DECEMBER 27, 2021

For somewhat of a time capsule of the past decade in legal technology, see my prior years’ lists of my most-popular posts: 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 ). In Latest Litigation Gambit, ROSS Files Antitrust Claim Against Thomson Reuters, Alleging Research Monopoly (Jan.

Legal research 24

Legal research Legal tech Legal tech Document automation 24

Berkley Technology Law Journal

JANUARY 11, 2023

In 2017, Google ran into these very issues. The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google.

Compliance 100

Compliance Lawsuit Court Litigator 100

Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

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Court State law Litigator Litigation 111

Eric Goldman

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

Law 111

Law Law Court Intellectual Property 111

Berkley Technology Law Journal

JANUARY 11, 2023

In 2017, Google ran into these very issues. The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google. However, besides Dinerstein, this space has not seen many other lawsuits.

Compliance 100

Compliance Lawsuit Court Litigator 100

Dewey B Strategic

JANUARY 11, 2023

I reported last summer that the pioneering state litigation analytics company was shutting down. Today’s press release reports that Gavelytics will live again as the core of Pre/Dicta ‘s state court predictive litigation component. said Merrill, who is joining Pre/Dicta as its strategic advisor.

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Analytics Litigator Litigation Court 52

Berkley Technology Law Journal

JULY 13, 2024

This post outlines the DOJ’s antitrust case against Apple, and explores potential changes that Apple could make to its ecosystem in light of the litigation. Antitrust allegations against Apple: Section 2 of the Sherman Act prohibits monopolization and attempted monopolization of any part of trade or commerce.

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Lawsuit Litigator Litigation Court 130

LawSites

JANUARY 13, 2023

Earlier this week, I reported here that the litigation analytics company Gavelytics, which shut down operations in June, has been acquired by a relative newcomer to the legal analytics space, Pre/Dicta , which launched its product in July after two years of development. BOB: Congratulations to both of you. BOB: Rick, what about you?

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Analytics Judge Litigator Litigation 98

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. The court accepts that the employer believed the works were created within the scope of employment, so the associated takedown notice wasn’t sent in bad faith. Shande will get his day in court. This includes a 512(f) claim. The 512(f) claim fails. Case Citation : Shande v.

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State law Court Litigator Litigation 75

Liquid Litigation Management, Inc.

SEPTEMBER 5, 2018

The same holds true in the Supreme Court. The SCOTUS blog took a look at data from the 2017 term to identify patterns. One element that they looked for was if gender imbalances in oral argument interruptions of previous years continued in 2017. The post Pardon the Interruptions appeared first on Liquid Litigation Management.

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Litigator Litigation Judge Court 52

Eric Goldman

AUGUST 1, 2023

As a result, courts have recognized three types of liability for copyright infringement: direct infringement (“to do” any one of the five exclusive rights), contributory infringement (“to authorize” another to directly infringe) and vicarious liability (based on the relationship between the direct infringer and the person sought to be held liable).

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Defendant Court Litigator Litigation 98

Legal Tech Monitor

JULY 7, 2023

Illinois Supreme Court Commission on Professionalism Commissioner Trisha M. Rich has served on the Commission on Professionalism since 2017. Her practice focuses on legal ethics and professional responsibility matters and complex commercial litigation. She is currently the Chair of the Audit & Finance Committee.

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Dispute resolution Court Judge Litigator 59

Debevoise Data Blog

JULY 7, 2021

Supreme Court TransUnion decision. Individuals whose personal information was compromised in a data breach have had mixed success in bringing lawsuits in federal court against the companies that held their data. Recent Circuit Court Decisions: Tsao, McMorris, and In re Equifax The U.S.

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Court Lawsuit Litigator Litigation 40

Legal IT Group

JANUARY 22, 2024

Changes to the Privacy Act The last significant change since passing the Privacy Amendment (Notifiable Data Breaches) Act 2017 has become the Privacy Legislation Amendment Bill 2022 , the final passage of which was approved on November 28 of November 2022, by the Parliament of Australia. Overarching proportionality requirement.

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Data protection Compliance Litigator Litigation 130

Brett Trout

JANUARY 7, 2022

According to documents Snap has filed with the United States Patent and Trademark Office (USPTO), Snap has been using the name “Spectacles” in association with electronic publishing services since August 14, 2017, obtaining a federal registered trademark for that use on January 21, 2020 (Reg. 5,964,422).

Lawsuit 52

Lawsuit Litigator Litigation Hearing 52

Eric Goldman

MAY 15, 2023

I hope this post makes clear why I get so irritated whenever I see the phrases referenced in a court opinion or invoked by a grandstanding politician. 23, 2017) Daniel v. App Store Simulated Casino-Style Games Litigation , 2022 WL 4009918 (N.D. Twitter, Inc. , 200 F.Supp.3d 3d 964 (N.D. 10, 2016) Fields v. Twitter, Inc. ,

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Litigator Litigation Court Law 110