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 Litigator Litigation 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

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

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

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 115

Court Defendant Lawsuit State law 115

Eric Goldman

SEPTEMBER 15, 2024

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

Time-tracking 105

Time-tracking Court Defendant Case predictions 105

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

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

Eric Goldman

APRIL 29, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Zen Path * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v.

Court 105

Court Failure-to-appear Lawsuit State law 105

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

Eric Goldman

AUGUST 16, 2023

“Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

State law 75

State law Court Litigation Litigator 75

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.

Court 52

Court State law Law Law 52

Eric Goldman

FEBRUARY 7, 2024

Since we affirm the district court’s rulings on the state law claims, we need not resolve the federal law cross appeal.” Letgo appeared first on Technology & Marketing Law Blog. That was an obviously problematic conclusion. Nevertheless, the Tenth Circuit dodges it: “We need not reach this issue.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

Eric Goldman

APRIL 1, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Zen Path * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v.

Court 111

Court State law Litigator Litigation 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

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.

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Court Judge Defendant Hearing 111

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 84

Bankruptcy Law Law Lawsuit 84

Berkley Technology Law Journal

JANUARY 12, 2025

Genetic privacy is currently governed by the Genetic Information Nondiscrimination Act (GINA), Health Insurance Portability and Accountability Act (HIPAA), and state laws. Yet, the impact of these laws on direct-to-consumer DNA testing is somewhat narrow.

State law 52

State law Law Law 52

Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

To be valid, a will usually must be in writing, created by a testator with legal capacity to make a will, and signed by the testator and witnesses in accordance with state law. Justia provides a 50-state survey on requirements for wills.) How Do You Prove the Validity of a Will? How Are Assets Distributed if There Is No Will?

Law 101

Law Law Court State law 101

Inside Privacy

NOVEMBER 1, 2023

The key proposals would: expand the material scope of the ADR Directive requiring Member States to facilitate access by consumers to ADR procedures where they think that a trader has breached its pre-contractual obligations (e.g., This blog post was written with the contributions of Alberto Vogel.)

Dispute resolution 65

Dispute resolution State law Law Law 65

Eric Goldman

JANUARY 12, 2024

My angst-filled blog post on that ruling. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law.

Court 98

Court Software Litigation Litigator 98

Eric Goldman

NOVEMBER 30, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Zen Path * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v.

Defendant 75

Defendant Court State law Lawsuit 75

Debevoise Data Blog

NOVEMBER 28, 2022

In this Debevoise Data Blog post, we explore who NIS2 will affect, its key provisions and steps that businesses can consider to enhance their compliance programs in anticipation of the changes. Once implemented into Member State law, key obligations include: Incident Reporting: NIS2 establishes a two-stage reporting framework.

Compliance 52

Compliance State law Law Law 52

Inside Privacy

FEBRUARY 21, 2024

This blog post focuses specifically on the Data Act’s provision on Unfair Clauses. For more information on the Data Act, see our previous blog post. This blog post was prepared with the written contributions of Diane Valat.) We are happy to answer any questions you may have on this topic.

Compliance 57

Compliance Court State law Law 57

Eric Goldman

FEBRUARY 1, 2024

Let’s make sure you didn’t miss the point: the court says placing a persistent cookie could constitute a common law trespass to chattel because it takes up a measurable amount of storage, even if that amount is trivial and has no other consequences for the user or the device.

Time-tracking 119

Time-tracking Judge Law Law 119

Debevoise Data Blog

DECEMBER 15, 2021

The webinar will address: Recent updates to New York State law; Announcements by the SEC and CFPB; The U.S. To sign up for the Data Blog, please click here. To register for the on-demand recording, please click here. To see what you may have missed on AI Regulation, please click here.

Litigation 40

Litigation Litigator Compliance State law 40

Inside Privacy

NOVEMBER 1, 2023

The key proposals would: expand the material scope of the ADR Directive requiring Member States to facilitate access by consumers to ADR procedures where they think that a trader has breached its pre-contractual obligations (e.g., This blog post was written with the contributions of Alberto Vogel.)

Dispute resolution 52

Dispute resolution State law Law Law 52

CaseFox

JULY 16, 2023

Today in this blog we are going to talk about top 9 free legal research tools for lawyers. If you are a legal professional, this blog is going to be very helpful to you. So take a notebook and pen and jot down all the tools that we are mentioning in this blog. You can find cases in Justia from various different courts.

Legal research 52

Legal research Lawyer Court Research analytics 52

Eric Goldman

NOVEMBER 27, 2024

25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon appeared first on Technology & Marketing Law Blog. Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8 Amazon.com, Inc.

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Defendant Law Law Court 77

Debevoise Data Blog

AUGUST 29, 2022

In Part 3 of our Data Blog series, we focus on the FTC ANPR as it relates to data security. Companies can also consider common themes and recent developments with respect to state law cybersecurity requirements. To subscribe to the Data Blog, please click here. Part 2 focused on privacy.

Due diligence 52

Due diligence Compliance Software State law 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.

Hearing 52

Hearing Court Legal technology Legal technology 52

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