Berkley Technology Law Journal

JANUARY 24, 2025

Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range. By Gaurav Lalsinghani, J.D.

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Failure-to-appear Court Judge Data protection 130

Eric Goldman

FEBRUARY 26, 2025

The court dismisses the case entirely with leave to amend. The court responds: “Plaintiffs do not clearly identify the ‘product’ at issue or the ‘design defect’ it allegedly contains.” These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

MARCH 11, 2025

Thats the basis for a recent opinion from a Florida federal district court that could have major implications for online services CSAM detection and reporting practices. Now, however, a district court decision suggests that providers can no longer take it for granted that they wont face liability for reporting non-CSAM.

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Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

FEBRUARY 18, 2025

The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. ” BTW, I disagree with the court’s summation of the Internet Brands case; I feel the Ninth Circuit got that one wrong because that case was always about third-party content.

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

APRIL 1, 2025

In a footnote, the court notes that if the defendant is a consumer reporting agency, the defamation claim also will be preempted by the FCRA). The court continues: Plaintiff also alleges that Defendant violate[d] the prohibition on publishing obsolete information in violation of 1681c(a)(2) of the FCRA.

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Defendant Bankruptcy Failure-to-appear Court 59

Eric Goldman

MARCH 21, 2025

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. The court grants the Section 230 dismissal for all but one set of allegations. The court could have handled this doctrinally other ways.

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Lawsuit Failure-to-appear Court Judge 59

Eric Goldman

MARCH 27, 2025

My blog post on the district court opinion (I focused on the 230 issue, but this ruling turns on the failure of the prima facie elements). The court says that allegation (and others) is too unspecific. Second, her track record in court is littered with futility. The panel says there’s no RICO “enterprise.”

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Lawsuit Failure-to-appear Court Defendant 52