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The Writings on the Blackbaud: Lessons from the FTC’s First Standalone Section 5 Unfairness Claim

Berkley Technology Law Journal

Candidate, 2025 In February 2024, the Federal Trade Commission (FTC) broke new ground by bringing its first-ever standalone Section 5 unfairness claims for unreasonable data retention and misleading breach notifications. By Gaurav Lalsinghani, J.D. By then, the attacker had already exfiltrated vast amounts of sensitive customer data.

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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

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. By Gaurav Lalsinghani, J.D. Tasked with overseeing a firms cybersecurity posture, CISOs stand on the front lines of a corporations digital defense.

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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

In other words, the plaintiffs are trying to use venerable legal doctrines to create a common-law notice-and-takedown scheme. Such allegations fail to state a claim under products liability law. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. This doctrinal move doesn’t work.

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Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. addiction and Plaintiffs injuries.

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Another TOS Formation Failure in the 9th Circuit–Godun v. JustAnswer

Eric Goldman

The term “advisal” appears 29 times in this opinion, which confused me on two fronts. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once. First, the term is not standard for this litigation genre.

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Riding the Tide of a PC Upgrade

Legal Tech Monitor

Set the Price Point One of the presentations I participated in back at the turn of the century was the $5,000 law office concept. That curiosity rarely collides with practice, though. This means lagging behind the latest technology in order to create a workable budget and refresh cycle. For one thing, I rarely start with specs as the driver.

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Cyber Incident Reporting for Critical Infrastructure – Considerations for the Space Industry

Berkley Technology Law Journal

Candidate, 2026 On March 15, 2022, President Biden signed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) into law. CISA Rulemaking Process CISA is expected to publish a Notice of Proposed Rulemaking (NPRM) soon and must issue a final rule by September 15, 2025. By David Bernstein, J.D. Second, the U.S.