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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.

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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

The district court dismissed the complaint in 2022. After more time and money at the district court, Facebook should have no problem defeating it.” ” Unsurprisingly, on remand, the district court dismisses the contract breach claim. Case Citation : Lloyd v. Lloyd’s breach-of-contract claim.”

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Who Owns Social Media Accounts?–In re Bang Energy Drinks

Eric Goldman

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

Unlike most of the CCB cases to date, this case involves Section 512(f), the DMCA cause of action for bogus takedown notices. Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Let’s take a look.

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Everything You Need to Know About Motion Practice 

CaseFox

Motion practice shapes the case, and if you want to handle your cases more professionally, understanding motion practice is essential. Legal motions allow parties to assert their rights, and seek relief from the court regarding certain cases. This legal motion is to seek action or ruling on specific matters in the court.

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Seven Tips for Reducing CCPA Litigation Risks – Lessons from the First 18 Months

Debevoise Data Blog

Not surprisingly, in these early days of CCPA private actions, plaintiffs are trying to push the boundaries of the law and testing who, when, and why a CCPA claim may be brought. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information. In Rahman v. Marriott Int’l, Inc.,

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Marking the Retirement of Jerry Larkin, Who Led the ARDC With Exceptional Foresight, Integrity, and ‘Irish Wit’

Legal Tech Monitor

When Jerome “Jerry” Larkin joined the Illinois Attorney Registration and Disciplinary Commission (ARDC) in 1978, he had just graduated from Loyola University Chicago School of Law, spent eight years in the Catholic seminary system, and knew he wanted to dedicate his career to public service. Rinella , 677 N.E.

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