Eric Goldman

JUNE 17, 2023

GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. The court also held that plaintiffs were permitted to proceed pseudonymously.

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Debevoise Data Blog

APRIL 14, 2021

In addition to the $3 million fine, National Securities must undertake various risk-mitigation measures in an effort to prevent future incidents. In addition to the $3 million fine, National Securities must undertake various risk-mitigation measures in an effort to prevent future incidents.

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Technology Law Dispatch

MARCH 24, 2023

As with the previous bill, the new bill aims to alleviate the burden of compliance with the UK GDPR and its implementing UK Data Protection Act (2018) for organisations in the UK. What are the main proposed changes? Records of processing No longer required unless the organisation is involved in high-risk processing.

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Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Eric Goldman

MARCH 29, 2023

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

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MatterSuite

DECEMBER 12, 2024

Failure can result in significant penalties, including fines, legal action, and loss of public trust. Failure to adhere to the security framework regarding data protection can lead to high fines and even court cases. In today’s world, industries rely heavily on data to inform decisions and drive innovation.

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Debevoise Data Blog

JANUARY 21, 2021

million against telecommunications operator TIM for unsolicited marketing calls £20 million against British Airways for its 2018 data breach £18.4 million against Marriott for its 2018 data breach When you dig deeper though, two key points emerge. Meaningful differences in DPAs’ enforcement agendas may, therefore, be emerging.

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Simple Legal

MARCH 15, 2023

Last year, Gartner reported that in 2022 “58% of all legal departments have a legal operations manager, which is a 75% increase from 2018.” Last year, Gartner reported that in 2022 “58% of all legal departments have a legal operations manager, which is a 75% increase from 2018.” What do you see legal ops focusing on in 2023?

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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Debevoise Data Blog

OCTOBER 12, 2021

million fine against Austrian Post for channelling electronic data protection-related inquiries to a web form and not offering an additional email address, irrespective of the data subject option to also use non-electronic postal mail or customer service. These developments, and more, covered below. Standard Contractual Clauses).

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Legal Tech Monitor

OCTOBER 27, 2023

2d 531 (1988) – finding that a lawyer’s failure to report another lawyer’s conversion of settlement proceeds violated the duty to report specified attorney misconduct; In re Richard A. He was a gentleman when he appeared before the court,” Grogan said. “He Working with him has been for me a true joy,” ARDC Chair Timothy Bertschy said.

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Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Debevoise Data Blog

NOVEMBER 21, 2023

Key takeaways from October include: Employee monitoring: Following new guidance issued by the UK ICO, employers may want to review their existing employee monitoring to ensure it meets the regulator’s latest expectations, including ensuring that any monitoring is necessary, proportionate, and conducted transparently.

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Eric Goldman

JUNE 7, 2023

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Debevoise Data Blog

NOVEMBER 4, 2024

The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.

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Eric Goldman

DECEMBER 26, 2023

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Where the motion to dismiss concerns questions of law, additional discovery is not required.

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Eric Goldman

JUNE 9, 2024

The court dismisses the case but gives the plaintiff the chance to amend the complaint to plead failure-to-warn and negligent design–because those arguments show up in virtually every 230 case now. . § 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.”

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Eric Goldman

DECEMBER 29, 2023

Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

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Eric Goldman

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? VIP Products (2023) opinion and its other trademark cases.

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Debevoise Data Blog

MARCH 16, 2023

On March 2, 2023, the White House Office of the National Cyber Director (“ONCD”) released the Biden Administration’s (the “Administration”) long-awaited National Cybersecurity Strategy (the “Strategy”), the first since the Trump Administration’s strategy was issued in September 2018. Early reaction to the Strategy is largely favorable.

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Eric Goldman

SEPTEMBER 27, 2024

” I don’t know what “particular” third-party content means, but the statute doesn’t support any distinction based on “particular” and “non-particular” third-party content. .”

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Eric Goldman

NOVEMBER 10, 2024

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and repeal Section 230 in the near future. Charles and Romelus filmed each other while they raped Plaintiff.

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