Eric Goldman

OCTOBER 5, 2023

I wrote an expert declaration about them in 2021). The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers.

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LawSites

APRIL 26, 2022

district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. However, the judge did not accept a second antitrust theory asserted by ROSS — that TR had engaged in anticompetitive conduct by pursuing sham litigation. Judge Leonard P.

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Litigation Litigator Judge Lawsuit 98

Eric Goldman

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The latest ruling addresses YouTube’s motion to dismiss the fourth amended complaint, which the court grants with prejudice.

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Above the Law - Technology

AUGUST 15, 2023

A litigator before founding Clearbrief, Schafer said that assembling a timeline is one of the first things a lawyer has to do when starting a new case. Typically, that involves a tedious and time-consuming process of sifting through documents and emails and looking for pertinent dates. million seed round.

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LawSites

FEBRUARY 26, 2024

It is written by Mark Chandler , former chief legal officer at Cisco Systems from 2001- 2021 and now a lecturer in law at Stanford Law School and a fellow at the Stanford’s Deborah L. If courts move to standardize the collection of “data” (i.e.,

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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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Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

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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. Second Product Award.

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Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Eric Goldman

MARCH 10, 2023

In 2021, the court quickly shut down that misguided argument. The court says it was “frivolous from the outset… Mr. .” ” The court awards YouTube a fee-shift of $38,576. Ordinarily, hiring an attorney should improve the success rate; but not in this litigation genre.

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LawSites

DECEMBER 27, 2021

First, I list the 15 most popular posts of 2021, listing only posts first published during 2021. In both cases, the rankings are based only on 2021 traffic, not all-time traffic. Top 15 of 2021 – First Published in 2021. California Becomes 39th State To Adopt Duty Of Technology Competence (March 24, 2021).

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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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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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LawSites

DECEMBER 29, 2021

Whereas 2020 ended with a newfound sense of the possible, 2021 ends with us still not knowing what is ahead, and therefore which way to turn. Whereas 2020 ended with great promise for regulatory reform, 2021 ends with little further progress on that front – and even retreats to some extent. Do courts fully reopen or not?

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Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

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Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

JULY 10, 2024

Twitter, produced Supreme Court rulings last year. In Taamneh, the court held that Twitter could not be liable for aiding-and-abetting because, among other reasons, Twitter did not do anything that specifically facilitated the terrorist attack at issue. In light of that conclusion, the court declined to rule on the parallel Gonzalez v.

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Attorney at Work

JANUARY 31, 2022

For example, cross-border litigation is now widespread as global commerce increases. The COVID-19 pandemic may have dampened global trade in 2020; however, the World Trade Organization forecast a strong growth recovery in 2021 continuing into 2022. This is where multilingual e-discovery comes in. What data is relevant to a case?

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Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. In the spring of 2021, he relocated to Montana and revamped his contracting business. ” The court cites Force v. A series of other negative reviews followed.

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Attorney at Work

JANUARY 11, 2022

For example, Attorney at Work’s Top 20 Articles of 2021 captures the zeitgeist of what’s on the minds of small law firms. Yesterday at TechnoLawyer, we published our annual awards, aptly titled TechnoLawyer Top 10 Products of 2021. WebPreserver generates a certificate for authenticating this evidence in court.

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Debevoise Data Blog

JANUARY 14, 2021

District Court for the District of Columbia granted plaintiff Guo Wengui’s motion to compel production of a report (the “Report”)—and related materials—prepared by forensic vendor Duff & Phelps in Guo’s lawsuit against the law firm that formerly represented him, Clark Hill, PLC (the “Firm”). 19-cv-3195 (JEB), 2021 WL 106417 (D.D.C.

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Law Technology Today

APRIL 13, 2023

Public access to court data through automated collection of online court records is a fundamental First Amendment right and it is critical to meaningful access to the United States legal system. The recent ruling in South Carolina State Conference of the NAACP v.

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LawSites

NOVEMBER 1, 2021

Ben Carter , senior litigation and advocacy counsel, Kentucky Equal Justice Center. Court (Tuesday, Nov. Justice Deno Himonas , Utah Supreme Court. Judge Clemens Landau , presiding judge, Salt Lake City Justice Court. David Slayton , vice president of court consulting services, National Center for State Courts.

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Eric Goldman

MARCH 29, 2023

Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. In fact, the factual data was scraped by both of us over a period of time in 2021 and 2022 and put into a database. The CCB filing cost is about $300 less than federal court. b) Alternative Dispute Resolution Process.-A

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LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

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Legal Tech Monitor

SEPTEMBER 14, 2023

The Illinois Supreme Court announced today that it has appointed Lea S. As Administrator of the ARDC, Gutierrez will serve as an ex-officio member of the Illinois Supreme Court Commission on Professionalism, replacing Larkin. Gutierrez’s appointment is effective October 23, 2023.

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Eric Goldman

JULY 29, 2023

Paul Davis is a lawyer and a self-described “ J6er ,” i.e., a participant in the January 6, 2021 U.S. The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Capitol insurrection. This ruling primarily deals with venue.

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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. May 4, 2021) In re Facebook, Inc. , June 25, 2021) Doe v. 19, 2021) Doe v. 2, 2021) Lee v. App Store Simulated Casino-Style Games Litigation , 2022 WL 4009918 (N.D.

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LawSites

JANUARY 3, 2023

In January 2021, it added another option, its Remote Associate Subscription, allowing firms to hire fractional associates for a set number of hours per month, starting at a monthly minimum of 30 hours. One example, he said, is a firm taking on a new litigation matter. Garman said the use cases for a law firm are endless.

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3 Geeks and a Law Blog

FEBRUARY 8, 2023

This week we have Damien Riehl , VP, Litigation Workflow and Analytics Content at FastCase, and one of the drivers behind SALI (Standards Advancement for for the Legal Industry.) Damien is the Vice-President of Litigation Workflow and Analytics content and part of the leadership at SALI. And then I litigate the patent.

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ABA TECHSHOW

JANUARY 29, 2021

Jim and Sharon welcome this year’s co-chairs, Allan Mackenzie and Roberta Tepper, to hear all about the reinvention of TECHSHOW 2021 in the virtual realm. His experience ranges from that of a former night-shift word processor to a Wall Street IT director with a specialty in litigation technology.

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Eric Goldman

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. ” The district court granted summary judgment to IJR. ” The district court found transformativeness because the defense placed the photo in a new context. The appeals court doesn’t see it.

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Eric Goldman

DECEMBER 4, 2023

Hierl was the lead counsel on the Emojico case I opined on in 2021.] * * * Jurisdiction The defendant Bigfinz sells t-shirts. The court says “none of Bigfinz’s t-shirts were sold in Illinois.” The court should have chastised Roblox for failing to do its Rule 11 homework regarding Bigfinz before filing the complaint.

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Legal Tech Monitor

FEBRUARY 28, 2024

The Illinois Supreme Court Commission on Access to Justice (ATJ Commission) recently issued a report documenting the cost and time savings of remote court appearances in southern Illinois’ First Judicial Circuit. Both agreed to provide the ATJ Commission with data on the impact of remote court appearances during the pilot program.

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LawNext podcast

MARCH 18, 2024

You may know it more through its brands, including ServeNow for finding process servers, One Legal for California court filing, LawToolBox for court calendaring, and the Legal Talk Network group of legal podcasts. says the company is on a mission to innovate and even revolutionize litigation services and the litigation workflow.

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Attorney at Work

JANUARY 20, 2022

As business clients deploy new technology to manage litigation, contracts and communications, they will prefer working with equally tech-focused outside counsel. Technology providers are responding to this shift with practice-specific tools and features and integrations with courts, regulatory bodies and other industry resources.

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Eric Goldman

FEBRUARY 14, 2024

Yet, remarkably, the court doesn’t cite the HomeAway case at all. The court cites to L.H. As usual, I cringe at the court’s “conduit” language. As the court make clear, GMB undertakes a variety of trust and safety efforts, so it’s not a typical communications “conduit.”

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Lawsuit Court Legal research Litigation 98

Eric Goldman

SEPTEMBER 18, 2023

The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). ” This sounds like a lot of potentially confused consumers, but the court isn’t persuaded by the volume.

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