Eric Goldman

DECEMBER 9, 2023

Twitter’s TOS terms “clearly disclaim any responsibility for Twitter’s failure to store or transmit content.” Twitter Corporate Office , 2023 WL 8452200 (S.D.N.Y. 6, 2023) The post Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Conversion. ” Good Faith and Fair Dealing. .”

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Lawsuit Failure-to-appear Law Law 110

Debevoise Data Blog

NOVEMBER 12, 2024

In response to widespread concern among rights holders about the ease with which consumers could make inexpensive copies of music and movies, in 1998, Congress enacted the DMCA to bring copyright law into the Internet age. Raw Story Media, Inc. OpenAI Inc. , 24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. See 17 U.S.C.

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Intellectual Property Defendant Failure-to-appear Litigation 52

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.””

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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. The complaint.

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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. Substack is entitled to immunity. Google in response.

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Failure-to-appear Court Defendant Law 105

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

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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Eric Goldman

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me.

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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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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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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.

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Legal Expert Connections

JUNE 27, 2024

Law firms that want to enhance their communications with clients and prospects on social media can now activate LinkedIn Page Messaging, a new feature that can be used on a law firm’s LinkedIn company page. Job candidates and current clients will also be able to start a direct conversation with you via LinkedIn.

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Law firm Workers Compensation Law Law 52

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

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. This is done by a staff attorney. The respondent files a response to the claim.

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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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Eric Goldman

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. [Sorry it’s take me this long to get this blog post off my desk.

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Debevoise Data Blog

NOVEMBER 21, 2023

Consent for use of personal data: The German competition regulator used national competition laws to extend the Digital Market Act’s user consent requirements to additional Google services offered within Germany. Data Privacy Framework: EU businesses intending to take advantage of the EU-U.S. providers, notwithstanding the framework.

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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 Litigation 52

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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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. Success in law firms now hinges on the blend of legal expertise and strategic marketing. Law firms are increasingly leveraging digital platforms to expand their reach.

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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. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole. Supervising Sentencing 57 UC Davis L.

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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. Preserving Reputation In the competitive world of law, reputation is everything.

Lawyer 52

Lawyer Lawsuit Failure-to-appear Defendant 52

Legal Tech Monitor

OCTOBER 27, 2023

When Jerome “Jerry” Larkin joined the Illinois Attorney Registration and Disciplinary Commission (ARDC) in 1978, he had just graduated from Loyola University Chicago School of Law, spent eight years in the Catholic seminary system, and knew he wanted to dedicate his career to public service. Rinella , 677 N.E.

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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

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. Preserving Reputation In the competitive world of law, reputation is everything.

Lawyer 52

Lawyer Failure-to-appear Lawsuit Compliance 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. Route responds that CRFA does not apply to commercial solicitations and that the non-disparagement agreement is not subject to common-law defamation requirements. Further, the disparagement agreement is not limited by common-law defamation requirements. * May 12, 2023); and State v.

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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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Eric Goldman

JUNE 7, 2023

The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'” Snap workaround.

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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

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. See this ruling for another example of the same parlor trick). Never has, never will.

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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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Eric Goldman

MARCH 25, 2024

Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As

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Defendant Court Litigator Litigation 105

Eric Goldman

JULY 11, 2023

Speedpera, CC BY 4.0, via Wikimedia Commons This case involves the tragic suicide of two teenagers, both of whom died by consuming sodium nitrite they purchased from a third-party Amazon merchant (Loudwolf). However, in undiluted form, it’s toxic.

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Debevoise Data Blog

JULY 13, 2022

New York City is one of the first jurisdictions to pass a law aimed at reducing bias in automated employment decisions, which becomes effective on January 1, 2023. Similar laws are likely to be enacted in other jurisdictions. leverage predictive algorithms to support hiring. What Does the AEDT Require?

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Law Law Machine learning Compliance 40

Eric Goldman

JUNE 20, 2023

21-869 (May 18, 2023). To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No.

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