Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

Justia provides a Probate Law Center that can guide executors, heirs, and anyone else involved in the process. If needed, the probate court will appoint someone to manage the estate. Key duties of an executor include filing the will (if any) with the probate court and gathering and valuing the assets in the estate.

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Law Law Court State law 279

Trellis.Law Blog

FEBRUARY 28, 2024

On Monday, the Supreme Court heard oral arguments in a case concerning laws passed in Florida and Texas over whether state governments are allowed to create rules to address social media companies’ alleged censorship of conservative viewpoints on their platforms.…

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State law Law Law Court 100

Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Some people also may find it a hassle to comply with the strict requirements under state law for starting and operating a corporation. Advantages include tax benefits and a court system with special expertise in corporate issues. In states where theyre more often allowed, courts will look at whether theyre reasonable.

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Mediator Workers Compensation Due diligence Court 144

Kevin O'Keefe

JANUARY 25, 2023

The single biggest impediment to blog success for lawyers is failing to focus on a niche. Niche blogs become must reads for an audience, enable a lawyer to build a reputation (often where no other lawyer is playing) and enable relationships to flourish, often for work outside the niche. The tighter the niche the better.

Estate planning 130

Estate planning Intellectual Property Lawyer Federal law 130

Eric Goldman

AUGUST 22, 2023

district court granted summary judgment for the Copyright Office in Thaler v. copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Perlmutter , No.

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Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

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Bankruptcy Law Law Lawsuit 264

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 98

Eric Goldman

AUGUST 24, 2023

Many interpreted this as allowing an affirmative right to scrape public data, even if that was not the correct reading of the law and the reality was always more nuanced. Lawyers are increasingly confident that courts will enforce the breach of contract claim against scrapers and obtain the relief thy want. I blame the courts.

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Intellectual Property Court Litigation Litigator 98

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

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Court Litigator Litigation Case law 98

Eric Goldman

FEBRUARY 16, 2025

The opinions came out faster than I could blog them. I’m not going to comprehensively blog each of the opinions, but I’ll round up some highlights here to get these out of my queue. I’m sure the appellate court will be eager to docket this one. The court rejected Facebook’s motion to dismiss.

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Defendant Court Litigator Litigation 59

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. Instagram appeared first on Technology & Marketing Law Blog. LEXIS 171462 (N.D.

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Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 12, 2025

The court refuses Temu’s preliminary injunction request. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference ClaimCopy Me That v.

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Court State law Litigation Litigator 59

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. The Consumer Protection Law Center offers information about these topics and others related to consumer rights. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

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Mediator Dispute resolution Law Law 244

Justia Legal Marketing & Technology blog

OCTOBER 13, 2023

The International Law Center at Justia explains this membership process and describes each of the major organs in the UN, such as the General Assembly, the Security Council, and the Secretariat. It also provides a separate discussion on the International Court of Justice , which emerged from the San Francisco Conference as well.

International law 264

International law Law Law Court 264

Eric Goldman

MARCH 4, 2023

I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018 ?). He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. Ripoff Report removed the case to federal court.

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State law Court Defendant Lawsuit 97

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Lawsuit Defendant Prosecutor Court 264

Eric Goldman

JULY 1, 2024

On appeal to the Supreme Court, the laws baffled the justices due to their sprawling nature, confusing provisions, and misguided policy assumptions. The Supreme Court unanimously agreed to send the cases back to the Fifth and Eleventh Circuits for more careful review of the plaintiffs’ facial challenges to the laws.

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Court Defendant Lawsuit State law 115

Debevoise Data Blog

JANUARY 13, 2025

But courts may take divergent paths on those issues, especially given the fact-specific nature of many of the plaintiffs challenges, which depend not only on their specific claimed rights but also on the way each AI company has trained their model and how those models function. Showing Substantial Similarity of Generative AI Outputs.

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. This case involves the videogame NBA 2K, not a stranger to this blog. The court shrugs its shoulders.

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Lawsuit Defendant Court State law 98

Legal Tech Monitor

FEBRUARY 28, 2024

On Monday, the Supreme Court heard oral arguments in a case concerning laws passed in Florida and Texas over whether state governments are allowed to create rules to address social media companies’ alleged censorship of conservative viewpoints on their platforms.

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State law Law Law Court 52

Legal Talk Network

FEBRUARY 7, 2019

Christian is the Head of Strategy at Reynen Court LLC as well as the author of the Blacklines & Billables blog which, by the way, has its own podcast. Billed as a crowdsourced problem-solving gathering of lawyers, clients, and technologists, this meeting-of-the-minds was founded by our good friend Christian Lang.

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Hearing Court Legal technology Legal technology 130

Eric Goldman

SEPTEMBER 15, 2024

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. The court says that White, the plaintiff, never showed that UMG was aware of his non-exclusive license, but was that required? Surprise, another 512(f) claim fails. Chen * Another 512(f) Claim Fails–Moonbug v. Alper Automotive v.

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Time-tracking Court Defendant Case predictions 105

Debevoise Data Blog

DECEMBER 31, 2021

In June 2020, Debevoise’s Data Strategy and Security practice group launched the Debevoise Data Blog , where we regularly publish our insights on developments and trends in cybersecurity, artificial intelligence, and privacy. To subscribe to our Data Blog, please click here.

State law 52

State law Court Legal technology Legal technology 52

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

JULY 13, 2023

The court rules for Reddit on all counts. The court says Rogozinski doesn’t have priority over Reddit. The court does not credit Rogozinski’s role in creating the subreddit as a use in commerce, and Rogozinski’s other uses (such as the book title) don’t count either. State Law Claims.

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Lawsuit Court State law Law 98

Eric Goldman

FEBRUARY 21, 2025

Invisible Narratives sought an ex parte TRO to prevent that from happening, which the court grants. The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters.

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Intellectual Property Court Hearing State law 40

Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I

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Failure-to-appear Defendant Federal law Lawsuit 98

Debevoise Data Blog

JANUARY 17, 2025

Data Protection Authority powers: The European Court of Justice (CJEU) has ruled that Data Protection Authorities are not obliged to exercise corrective powers in the event of a breach. The German courts referred the interpretation of GDPR to the CJEU.

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Data protection Compliance Court State law 52

Legal Tech Monitor

FEBRUARY 21, 2024

Last Friday, in a first-of-its-kind ruling, the Alabama Supreme Court held that embryos are considered people under Alabama state law. Continue reading → The post Frozen Embryos Now Considered Children: Unpacking the Alabama Supreme Court Decision and the Future of Fertility Care first appeared on Trellis.Law Blog.

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Court State law Law Law 52

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Work-Related Requirement To get workers’ compensation benefits, a worker must be an employee rather than an independent contractor, and they must not work in a profession that is exempt under state law. This usually starts with an administrative process, but an appeal may eventually reach state court.

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Workers Compensation Law Law Time-tracking 244

Eric Goldman

AUGUST 4, 2024

Utah passed a terrible law claiming to be “for the kids,” which are increasingly prevalent at the state level. NetChoice challenged the law in court primarily based on the First Amendment, but NetChoice also claimed that Section 230 preempts the latter three functions. The court concludes they do not.

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Court Defendant Judge State law 98

Inside Privacy

MAY 3, 2023

On April 27, 2023, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued its opinion in the case C-807/21 on the conditions for imposing GDPR fines on legal persons (e.g., Member States laws may not require this to be a pre-condition to impose a GDPR administrative fine. (2) companies).

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State law Court Data protection Law 79

Eric Goldman

FEBRUARY 7, 2024

” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. The court says all of the highlighted statements were substantially true. Consumer Protection Act.

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Lawsuit Machine learning Court Defendant 111

Justia Legal Marketing & Technology blog

JUNE 29, 2023

The SSA provides three internal levels of appeals : a reconsideration, a hearing before an Administrative Law Judge (ALJ), and review by the SSA Appeals Council. If a claimant does not get benefits at any of these levels of administrative appeals, they can consider taking their case to federal court.

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Law Law Federal law Hearing 246

Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

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Court State law Litigation Litigator 111

Eric Goldman

JUNE 4, 2023

The court easily dismisses per Section 230: ICS Provider. Numerous courts have held Google is one. ” The court summarizes: “Google has immunity from her state law claims, as it cannot be held liable for search engine results showing a third party’s statement.” Publisher/Speaker Claims.

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Law Law Court State law 75

Justia Legal Marketing & Technology blog

FEBRUARY 22, 2023

Property division in a divorce involving a professional athlete can get complex when a court decides which payments and assets count as marital property. These allow student athletes to engage in NIL activities to the extent that this complies with state laws , as well as NCAA rules and any restrictions imposed by their conference or school.

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Law Law Federal law Attorney 231