Eric Goldman

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

Failure-to-appear 115

Failure-to-appear e-records Court Law 115

Eric Goldman

APRIL 4, 2023

Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. Google, LLC , 2023 U.S. March 31, 2023). Google appeared first on Technology & Marketing Law Blog. Cites to e-venture v.

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Failure-to-appear Court Lawsuit Lawyer 97

Eric Goldman

JULY 21, 2024

Those items got indexed in Google and appeared in Benedict’s vanity searches. Apparently the publication took place in 2019 and he filed suit in 2023. To get around it, Todino argued that he was suing for failure to remove the postings. (I Benedict complained to Google with predictable (non)results. ” Defamation.

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Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

AUGUST 13, 2024

” In July 2023, it made a post entitled “ Oliver D. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” Substack appeared first on Technology & Marketing Law Blog. In response, Smith sued Substack pro se for defamation and more.

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Failure-to-appear Defendant Court Law 105

Eric Goldman

OCTOBER 17, 2023

For unexplained reasons, it does not appear that the defendants are invoking the 512 defense. Kiwi Farms, operated by Joshua Moon, is best known for coordinating cyberattacks on individuals , especially people with disabilities. CloudFlare’s block ). ” Greer emailed Moon asking to remove the book. Direct Infringement.

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Defendant Failure-to-appear Law Law 115

Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. 2023 WL 7165042 (D. Third-party Content. Nextdoor, Inc.

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Failure-to-appear Defendant Federal law Lawsuit 98

Simple Legal

MARCH 15, 2023

We’re sitting down with legal professionals to get a first-hand view of how their teams are handling the situation and discuss their view on the future of legal and legal technology in 2023 and beyond. What do you see legal ops focusing on in 2023? Legal professionals are inundated with emails and overwhelmed.

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Failure-to-appear Attorney Time-tracking Legal technology 77

Eric Goldman

NOVEMBER 6, 2023

” As the court then explains, there are many circumstances where it’s perfectly appropriate to do so, and where the failure to do so would allow the putative copyright owner to weaponize the court system. Previous blog post. The Ninth Circuit reverses. I hope the anti-dismissal sentence is rightly ignored as dicta).

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Failure-to-appear Court Lawsuit Litigator 105

Eric Goldman

MARCH 22, 2025

Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Note 1: all guest bloggers do it purely for the glory.

Law 52

Law Law Intellectual Property Failure-to-appear 52

Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. 21–1496 (SCOTUS May 18, 2023) This opinion interprets the JASTA statute, which imposes liability on someone who “aids and abets, by knowingly providing substantial assistance,” which the statute does not define further. Supreme Court [FN]. Taamneh and Gonzalez v. Twitter, Inc.

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Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. So close. Cites to McCarthy v. Google opinion.

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Lawsuit Defendant Failure-to-appear Court 95

Eric Goldman

MARCH 29, 2023

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

e-filing 105

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

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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Defendant Machine learning Lawsuit Court 132

Eric Goldman

AUGUST 11, 2023

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. The court explains: StubHub’s website sign-in screen that these Plaintiffs viewed provided sufficient notice of their agreement to arbitrate any disputes. Citing Sellers v.

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e-records Court Law Law 98

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.

Data protection 52

Data protection Compliance Failure-to-appear e-records 52

Eric Goldman

OCTOBER 16, 2023

The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.” [Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.] their website).

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Court Failure-to-appear Data protection Judge 109

TechLaw Crossroads

JANUARY 12, 2023

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. I skate to where the puck is going to be, not where it has been Wayne Gretzky Last week, I was back at the sprawling CES (formerly known as the Consumer Electronics Show) in Las Vegas. CES goes out of its way to accommodate the media.

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Legal tech Legal tech Lawsuit Litigator 52

Debevoise Data Blog

NOVEMBER 14, 2023

Below we provide a high-level timeline for when the new and updated requirements contained within the Final Amendment will become effective: December 1, 2023: 500.17: Notification obligations to NYDFS. April 15, 2024: 500.17(b): b): Certification requirements. April 29, 2024: 500.9: Risk assessments requirements; 500.3: May 1, 2025: 500.5(a)(2):

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Technology Law Dispatch

MARCH 24, 2023

On 8 March 2023, the UK government presented a new version of the UK Data Protection and Digital Information Bill No.2. 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?

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Data protection Failure-to-appear Compliance Software 52

Legal Expert Connections

JUNE 27, 2024

When active, a “Message” button will appear near the top of your organization’s Page, enabling members to easily reach out for a variety of reasons. Prospective new clients who visit your law firm’s company page on LinkedIn will be able to click on a Message button and communicate directly with the Page.

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Law firm Workers Compensation Law Law 52

Debevoise Data Blog

JULY 9, 2023

The 45-day comment period for the Revised Amendment ends on August 14, 2023. In sum, a review of the changes between the November 2022 Amendment and the June 2023 Revised Amendment shows that NYDFS took the comments on the Initial Amendment very seriously and incorporated many of them into the Revised Amendment. Part 500.1(d).

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Failure-to-appear Compliance Law Law 52

Wisblawg

APRIL 26, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. Supervising Sentencing 57 UC Davis L. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole.

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MatterSuite

APRIL 24, 2024

A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. Failure to comply with these regulations can result in severe penalties, including suspension or revocation of licensure.

Lawyer 52

Lawyer Lawsuit Failure-to-appear Defendant 52

Debevoise Data Blog

MAY 20, 2024

Failure to comply with the HBNR can result in penalties of up to $51,744 per violation. In May 2023, the FTC issued a Notice of Proposed Rulemaking and a parallel Request for Comment on the proposed changes to clarify its application and the circumstances that constitute an unauthorized disclosure under the Rule.

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Time-tracking Failure-to-appear Compliance 52

Debevoise Data Blog

SEPTEMBER 14, 2022

On August 24, 2022, the California Attorney General announced updates to its California Consumer Privacy Act’s (“CCPA”) enforcement case examples. The California Attorney General’s focus echoes a similar concern with cookies under GDPR, which we’ve written about here and here.

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Analytics Compliance Failure-to-appear Attorney 52

Legal Tech Monitor

OCTOBER 27, 2023

Now, after 45 years of serving the Illinois Supreme Court, lawyers, and the people of Illinois through his work at the ARDC—including the last 16 years as its Administrator—Larkin is retiring at the end of 2023. Following the April 2023 announcement of Larkin’s plans to retire, a search was conducted for his successor.

Court 52

Court Attorney Failure-to-appear Litigator 52

MatterSuite

APRIL 24, 2024

A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. Failure to comply with these regulations can result in severe penalties, including suspension or revocation of licensure.

Lawyer 52

Lawyer Failure-to-appear Lawsuit Compliance 52

MatterSuite

FEBRUARY 14, 2024

In an age where digital footprints tell stories louder than words, the importance of effective marketing strategies for law firms has soared to unparalleled heights. 96% of people seeking legal advice use a search engine. Understanding the Legal Landscape The canvas upon which the perception of legal marketing strategies has radically changed.

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Law firm Law Law Analytics 52

Debevoise Data Blog

NOVEMBER 30, 2022

The 60-day public comment period to the Proposed Amendments ends on January 9, 2023. On November 9, 2022, the New York Department of Financial Services (the “NYDFS”) announced the publication of the official proposed amendments to its 2017 Cybersecurity Regulation 23 NYCRR 500 (the “Proposed Amendments”). respectively).

Compliance 40

Compliance Failure-to-appear Law Law 40

Eric Goldman

JANUARY 26, 2024

Heuberger , 2023 WL 5334192 (D. Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D. May 12, 2023); and State v. Alderwood Surgical Center, LLC, 2023 WL 3687053 (W.D. May 26, 2023). Pinho, 2023 WL 3017282 (Cal. April 20, 2023). Lulifama.com LLC, 2023 U.S. July 20, 2023).

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Defendant e-records Court Failure-to-appear 98

Eric Goldman

JUNE 11, 2023

The court treats this as an easy Section 230 case: While it is difficult to discern Plaintiff’s precise legal claims from his 125-page complaint, he appears to allege defamation, fraud, emotional distress, and contract-based claims following the suspension of his account and the alleged failure to suspend the third-party user’s account.

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Lawsuit Failure-to-appear Court Law 128

Eric Goldman

JUNE 14, 2024

Despite the importance of those Fall 2023 rulings, I never blogged either. I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. I vigorously disagree with both rulings, and I wonder if they will survive the inevitable appeals.

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Lawsuit Court Defendant Failure-to-appear 102

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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CloudNine

AUGUST 31, 2023

Understanding How Remote Work and AI Has Changed the Legal World Forever: ILTA 2023 Tech Survey Results TJ Johnson from Qualitest, Todd Corham from Saul Ewing and others presented preliminary findings from this year’s ILTA Technology Survey. Energy ran high throughout the conference despite the heat and expansive conference grounds.

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Legal tech Legal tech Failure-to-appear Document management 98

Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Court Failure-to-appear Lawsuit Bankruptcy 98

Eric Goldman

APRIL 29, 2023

I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. April 21, 2023) Prior Posts on Section 512(f) * You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. See this ruling for another example of the same parlor trick).

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

MARCH 25, 2024

Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As As the phrase goes, “ he can dish it out, but he can’t take it “). This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech.

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Defendant Court Litigator Litigation 105