Eric Goldman

MAY 17, 2024

A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. 301(a) , which preempts state laws “equivalent” to copyright. If a contract does that, it should not be enforceable as a matter of federal law. In 2022, in ML Genius v. The post X Corp.

Judge 130

Judge State law Court Federal law 130

Eric Goldman

MAY 20, 2025

.” Remember this perspective when the Ninth Circuit analyzes the various censorial state laws designed to control or strip away “platforms'” curatorial or discovery efforts. ” I will have you know that I am fully showered and wearing (mostly) clean clothes (and not my jammies) as I write this blog post.

Defendant 107

Defendant Court Judge Lawsuit 107

Justia Legal Marketing & Technology blog

NOVEMBER 19, 2024

A driver may have a defense to a ticket based on a red light camera if law enforcement did not follow any applicable requirements under state law about signs providing notice to drivers of these cameras. Is There Any Way To Fight a Ticket Based on a Red Light Camera?

Prosecutor 264

Prosecutor Judge Court Law 264

Justia Legal Marketing & Technology blog

MAY 6, 2025

Not all agreements between a lender and a consumer provide a right to reinstatement, although some state laws provide this right if the agreement doesnt. Reinstatement involves reviving the loan on the vehicle by catching up with missed payments and late fees.

Lawsuit 165

Lawsuit Bankruptcy State law Law 165

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Court 98

Court Litigation Litigator Case law 98

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. Taco Bell Corp. , 3d 446 (6th Cir.

Judge 98

Judge Court Defendant State law 98

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?

Bankruptcy 264

Bankruptcy Law Law Lawsuit 264

Eric Goldman

AUGUST 24, 2023

But given the fact that contracts, even online contracts, are a state-law issue, it’s hard to imagine a simple resolution to this problem. — But regardless of what you and I think about this legal regime, that is the current state of the law.

Intellectual Property 98

Intellectual Property Court Litigation Litigator 98

Debevoise Data Blog

SEPTEMBER 30, 2021

What is less known is that many of these states also impose substantive cybersecurity requirements. In this Debevoise Data Blog post, we examine the general cybersecurity obligations under state law, including common themes and recent developments. Since then, approximately 23 states and Washington, D.C.

State law 52

State law Law Law Compliance 52

Eric Goldman

AUGUST 22, 2023

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.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal. The slides.

Court 98

Court Defendant State law Software 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.

State law 52

State law Law Law Court 52

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

FEBRUARY 12, 2025

Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v. Zen Path * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver Lenz v.

Court 59

Court State law Litigation Litigator 59

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 ?). Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. Xcentric appeared first on Technology & Marketing Law Blog.

State law 97

State law Court Defendant Lawsuit 97

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. (You can avoid double taxation by creating a distinctive type of corporation called an S corporation , but this is available only in limited situations.) Should I Incorporate My Company in Delaware?

Mediator 134

Mediator Workers Compensation Due diligence Court 134

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. With Section 230 out of the picture, the opinion must march through a multi-state analysis for various claims.

Defendant 59

Defendant Court Litigation Litigator 59

Eric Goldman

AUGUST 27, 2024

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. Amazon appeared first on Technology & Marketing Law Blog. Amazon Web Services Inc., 2024 WL 3842563 (W.D.

Lawsuit 98

Lawsuit Defendant Court State law 98

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.

Hearing 130

Hearing Court Legal technology Legal technology 130

Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

A plaintiff may raise both theories if state law and the facts of the case permit. Strict liability does not require any proof of carelessness, potentially making it easier for a plaintiff to prove liability. They would need to show only that a defect existed and that it caused their injury.

Defendant 264

Defendant Law Law Lawsuit 264

Justia Legal Marketing & Technology blog

OCTOBER 13, 2023

While an executive agreement may not fall within the Supremacy Clause, it still may preempt state laws due to federal power over foreign affairs. If the President makes an international agreement without the approval of two-thirds of the Senate, this is considered an “executive agreement” instead of a treaty.

International law 264

International law Law Law Court 264

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. NetChoice appeared first on Technology & Marketing Law Blog. I will have a more complete analysis of the cases soon.

Court 116

Court Defendant Lawsuit State law 116

Inside Privacy

MAY 3, 2023

He opined that Member States’ law may not stipulate conditions going beyond those set out in the GDPR that make it more difficult to impute GDPR infringements to companies. Member States laws may not require this to be a pre-condition to impose a GDPR administrative fine. (2) companies). The case arises from a €14.5

State law 79

State law Court Data protection Law 79

Debevoise Data Blog

JANUARY 13, 2025

Although many of those complaints focused on the core copyright and trademark infringement theories present in the earliest AI lawsuits, plaintiffs have begun diversifying their claims to include false advertising and unfair competition, along with other state-law causes of action. To subscribe to the Data Blog, please click here.

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

Justia Legal Marketing & Technology blog

MAY 7, 2024

State law may require a driver to report an accident to the police if it caused injuries or extensive damage. Ideally, they should take photos of the accident scene and get the contact information of witnesses. Photos and witness testimony can become vital evidence in an eventual claim.

Accident Lawyer 263

Accident Lawyer Injury Lawyer Lawyer State law 263

Justia Legal Marketing & Technology blog

APRIL 5, 2023

They also should be aware of their obligations under state laws for business taxes. If they operate in more than one state, they may need to pay taxes in each state. Tax Debts Falling behind on taxes can be unnerving for many taxpayers.

Law 246

Law Law Bankruptcy Federal law 246

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

The federal government has not yet enacted a comprehensive data privacy law, although various federal laws protect certain types of people or information. However, many federal and state laws allow Americans to stand up for themselves as well.

Mediator 238

Mediator Dispute resolution Law Law 238

Justia Legal Marketing & Technology blog

APRIL 23, 2024

A driver can refuse a chemical test , but they should know about implied consent laws. These provide that a driver automatically consents to chemical testing in certain situations defined by state law, such as a DUI arrest. Moreover, refusal will not necessarily prevent a DUI conviction.

Law 257

Law Law Federal law State law 257

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. Certain agricultural and domestic workers may be exempt, for example.)

Workers Compensation 239

Workers Compensation Law Law Time-tracking 239

Eric Goldman

JULY 13, 2023

State Law Claims. Reddit appeared first on Technology & Marketing Law Blog. With respect to the non-trademark claims, the court reviews Reddit’s eligibility for Section 230: ICS Provider. Undisputed. Publisher/Speaker Claim.

Lawsuit 98

Lawsuit Court State law Law 98

Eric Goldman

NOVEMBER 2, 2023

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Nextdoor appeared first on Technology & Marketing Law Blog. ” The court cites Force v. Facebook , but it could have cited to any of literally hundreds of cases. Nextdoor, Inc.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

JUNE 4, 2023

” 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.” Pennsylvania State Law Enforcement, 2023 WL 3767745 (E.D. PA Law Enforcement appeared first on Technology & Marketing Law Blog.

Law 75

Law Law Court State law 75

Debevoise Data Blog

JANUARY 17, 2025

14 GDPR when obtaining or disclosing personal data is explicitly mandated by Union or Member State law to which the controller is subject. The COVID-19 immunity certificate was issued as mandated under Hungarian law at the time. To subscribe to the Data Blog, please click here.

Data protection 52

Data protection Compliance Court State law 52

Eric Goldman

FEBRUARY 21, 2025

Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v. Zen Path * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver Lenz v.

Intellectual Property 40

Intellectual Property Court Hearing State law 40

Inside Privacy

FEBRUARY 1, 2024

In this blog post, we outline the current and forthcoming EU legislation on the international transfer of non-personal data. Note that the data localization prohibition in this Regulation applies to individual EU Member States’ laws; it does not preclude the EU from implementing data localization requirements.

Intellectual Property 72

Intellectual Property State law Court Compliance 72

Justia Legal Marketing & Technology blog

FEBRUARY 22, 2023

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. Less than two years ago, the National Collegiate Athletic Association (NCAA) created new rules in this area.

Law 208

Law Law Federal law Attorney 208

Eric Goldman

SEPTEMBER 26, 2024

Instagram appeared first on Technology & Marketing Law Blog. It would have been easy to save the list at the end of each day. You can essentially hear Judge Alsup’s teeth gnashing in the opinion. 23, 2024) The post Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

AUGUST 4, 2024

Implications Section 230 plays an important role in curbing excessive state laws, but only when it applies to third-party content. The structural goal of Utah’s law is to suppress the publication of third-party content, but it never expressly says so. Reyes appeared first on Technology & Marketing Law Blog.

Court 98

Court Defendant Judge State law 98