Eric Goldman

JUNE 7, 2024

But that is insufficient to raise an inference of actual malice, as all that those allegations plausibly suggest is a negligent failure to uncover the truth rather than a subjective awareness of falsity Nor can defendant’s alleged failure to investigate whether the photograph was of Zilis save plaintiff’s claim from dismissal.

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Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

AUGUST 13, 2024

Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” 12, 2024) The post Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack appeared first on Technology & Marketing Law Blog. Substack is entitled to immunity.

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Failure-to-appear Defendant Court Law 105

MatterSuite

SEPTEMBER 9, 2024

Corporate legal departments are facing a transformative year in 2024, driven by evolving technologies, regulatory demands, and shifting workforce dynamics. This blog outlines key considerations and strategies for corporate legal departments in 2024, drawing insights from various industry reports and expert analyses.

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Failure-to-appear Compliance Lawyer Legal technology 52

Eric Goldman

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

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Court Failure-to-appear Judge Litigator 115

Eric Goldman

JANUARY 27, 2024

To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.

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Failure-to-appear Court Litigator Litigation 97

MatterSuite

SEPTEMBER 9, 2024

Corporate legal departments are facing a transformative year in 2024, driven by evolving technologies, regulatory demands, and shifting workforce dynamics. This blog outlines key considerations and strategies for corporate legal departments in 2024, drawing insights from various industry reports and expert analyses.

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Failure-to-appear Compliance Lawyer Legal technology 40

Eric Goldman

FEBRUARY 21, 2024

Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.

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Defendant Failure-to-appear Court Judge 95

Eric Goldman

APRIL 1, 2024

But, outside the Roblox platform, there are a number of online casinos that take wagers in Robux. Those online casinos entice minors to come gamble away their Robux. Roblox processes that transaction, and it takes a cut. Some of the plaintiffs’ claims survive Roblox’s motion to dismiss. Statutory Standing. Machine Zone and Taylor v.

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Defendant Failure-to-appear Court Hearing 98

Eric Goldman

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. ” The TOS provides additional details about what YouTube considers impermissible animal abuse.

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Failure-to-appear Defendant Court Law 98

Eric Goldman

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. A couple of keyword ad cases from a couple of months ago. Alsa Refinish LLC v. Walmart Inc. Seriously, dude?

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Lawsuit Court Failure-to-appear Defendant 98

Eric Goldman

FEBRUARY 17, 2025

In December 2024, the appeals court affirmed everything. I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] ” In 2018, the state claimed Facebook violated the law, and Facebook stipulated to a $200k judgment. .” See this article.

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Law Law Court Failure-to-appear 52

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.

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Law Law Intellectual Property Failure-to-appear 52

Eric Goldman

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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Court Failure-to-appear Lawsuit Judge 105

CloudNine

JUNE 6, 2024

By Rick Clark The Future Lawyer 2024 Conference was held in Boston, MA, and hosted by Ropes & Gray LLP in their Prudential Tower offices. ” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings. .”

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Lawyer Failure-to-appear Litigator Litigation 59

Eric Goldman

FEBRUARY 22, 2024

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. If 512(a) provided full immunity, the Copyright Alert System was unnecessary and pernicious to both IAPs and their subscribers.

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Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

MARCH 9, 2024

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. If this opinion confuses you, welcome to the club. FWIW, “Slog to Blog” would make a good band name.] Stratics Networks offers ringless voicemail and VOIP services. ” [Note 1: I HATE getting voicemails. OK boomer.

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Court Failure-to-appear Defendant Software 105

Eric Goldman

DECEMBER 15, 2024

This opinion is a companion to the Massachusetts Supreme Court’s decision in Good v. Uber , which upheld an identical TOS formation process. The highest New York state court agrees. Consistent with this principle, courts have examined whether the offeree of a web-based contract was put on inquiry notice of the contractual terms. .”

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Failure-to-appear Court Judge Law 52

Debevoise Data Blog

NOVEMBER 14, 2023

April 15, 2024: 500.17(b): April 29, 2024: 500.9: April 29, 2024: 500.9: November 1, 2024: 500.4: Throughout the amendment process, the Department was resolute in promulgating a set of standards for larger companies rather than deferring to those companies to make all risk-based decision-making. May 1, 2025: 500.5(a)(2):

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Failure-to-appear Compliance Time-tracking 52

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

Debevoise Data Blog

MAY 20, 2024

On April 26, 2024, the Federal Trade Commission (the “FTC”) issued a controversial final rule (the “Final Rule”) that, among other things, expands the scope of the Health Breach Notification Rule (the “HBNR” or the “Rule”) to apply to health apps and related technologies. fertility, fitness, glucose levels, heart rate).

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Time-tracking Compliance Failure-to-appear 52

Eric Goldman

JUNE 14, 2024

I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss. However, this is not the final word in the matter.

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

CloudNine

AUGUST 1, 2024

By Rick Clark The Masters Conference for Legal Professionals in New York City hosted by Morgan Lewis LLP on July 24th was replete with insights on applying AI to eDiscovery, collecting and reviewing text and chat app data and information governance. This approach helps to tell the whole story while saving time and reducing costs.

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Failure-to-appear Compliance Digital evidence Time-tracking 59

Eric Goldman

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like this (Screen 1): Note the unusual “skip” link in the upper right–what happens if users select it?

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Court Failure-to-appear Defendant Law 97

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. Backpage.com, LLC, 2024 WL 2853969 (N.D. ” Cite to Lemmon v. Snap , Barnes , Roommates , Dyroff. Case Citation : Doe (K.B.)

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Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

OCTOBER 28, 2024

In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable.

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Failure-to-appear Court Defendant Law 95

Eric Goldman

OCTOBER 13, 2024

On appeal, the Fifth Circuit upholds Grande’s liability but reverses the damages computation in a way that will save Grande a few dollars. The judgment reversal is somewhat welcome news to Grande, but it doesn’t fix the structural and potentially existential problems with imposing contributory copyright liability on IAPs.

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Court Failure-to-appear Defendant Lawsuit 98

Eric Goldman

DECEMBER 11, 2024

[This blog post covers two decisions in the same lawsuit: the ruling on X’s initial motion to dismiss from September, which apparently never triggered my Westlaw or Lexis alerts, and then a ruling on X’s motion to dismiss the amended complaint that the court issued this week. ICS Provider. X is “inarguably” an ICS provider.

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Lawsuit Court Failure-to-appear Intellectual Property 52

Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230 at this point? District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct. Like other cases in this genre, it goes poorly for Facebook.

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Court Lawsuit Judge Defendant 105

Debevoise Data Blog

NOVEMBER 4, 2024

On October 22, 2024, the U.S. 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. million to resolve allegations that it violated the False Claims Act (the “FCA”).

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Compliance Failure-to-appear Lawsuit Court 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. 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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Failure-to-appear Law Law Defendant 40

Eric Goldman

OCTOBER 27, 2024

She got less than 2,000 votes in the June 2024 primary. “several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” 2024 WL 4565091 (N.D. Her claims go nowhere. Facebook case. Negligence.

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Lawsuit Failure-to-appear Defendant Court 102

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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Defendant Lawsuit Failure-to-appear Court 117