Eric Goldman

JUNE 18, 2023

” Enigma challenged Malwarebytes’ classifications in court. ” Malwarebytes appealed the 9th Circuit’s ruling, first to the 9th Circuit en banc, and then to the US Supreme Court. ” Malwarebytes appealed the 9th Circuit’s ruling, first to the 9th Circuit en banc, and then to the US Supreme Court. (I

Court 105

Court Software Judge Litigator 105

Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

Court 105

Court e-discovery Defendant e-filing 105

Eric Goldman

AUGUST 2, 2024

Ryanair recently “prevailed” in its CFAA claim in its litigation against Booking.com. Not only that, but this case makes it more likely that other plaintiffs and defendants will suffer lengthy, protracted litigation to reach similarly absurd conclusions. According to this court, it is. Booking Holdings Inc.

Judge 98

Judge e-filing Court Defendant 98

Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof.

Court 98

Court Failure-to-appear e-discovery e-records 98

Eric Goldman

JUNE 16, 2023

LeadClick decision , which said: “Courts typically have held that internet service providers, website exchange systems , online message boards, and search engines fall within this definition.” ” This is the kind of argument only a pro se litigant would make in 2023. Zotos wrote the review in its entirety.

Defendant 98

Defendant Litigator Litigation Court 98

MatterSuite

MAY 24, 2023

In this blog, we will delve into the distinctions between a lawyer, attorney, and litigator. They are responsible for advising clients, preparing cases, and representing them in court proceedings. Attorneys have the power to sign legal documents, negotiate settlements, and represent clients in court. What is a Litigator?

Litigator 52

Litigator Litigation Attorney Lawyer 52

Eric Goldman

OCTOBER 6, 2023

I’m sure ShutterStock would have written a $2,131 settlement check to avoid the litigation. McGucken complained about ShutterStock’s handling of specific infringing users, but ShutterStock terminated one user on the first strike and the other on the second strike and the court’s fine with that. ShutterStock.

Lawsuit 98

Lawsuit Court Litigator Litigation 98

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially. This is an unusual move.

Defendant 98

Defendant e-discovery Lawsuit Court 98

Eric Goldman

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion.

Court 98

Court Software Litigator Litigation 98

Eric Goldman

AUGUST 20, 2023

The court applies the standard three-part Section 230 test: ICS Provider. “Websites such as Facebook that facilitate the connection of countless online users to a common database and servers indeed qualify as interactive computer services… There is no serious question that Facebook fits this statutory definition.”

Lawsuit 98

Lawsuit Court Judge Litigator 98

Eric Goldman

FEBRUARY 14, 2024

Yet, remarkably, the court doesn’t cite the HomeAway case at all. The court cites to L.H. As usual, I cringe at the court’s “conduit” language. As the court make clear, GMB undertakes a variety of trust and safety efforts, so it’s not a typical communications “conduit.”

Lawsuit 98

Lawsuit Court Legal research Litigator 98

Eric Goldman

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly. Google (2d Circuit) and Rosetta Stone v.

Lawsuit 98

Lawsuit Defendant Court Litigator 98

3 Geeks and a Law Blog

FEBRUARY 8, 2023

This week we have Damien Riehl , VP, Litigation Workflow and Analytics Content at FastCase, and one of the drivers behind SALI (Standards Advancement for for the Legal Industry.) Damien is definitely a “big thinker” when it comes to the benefits of creating and using standards for the legal industry. And then I litigate the patent.

Litigator 243

Litigator Litigation Time-tracking Law firm 243

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Court 52

Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Court 52

Court e-discovery Defendant e-records 52

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The appellate court revives the claim. The court says the defendants waived any fair use defense by briefing it inadequately.

Defendant 115

Defendant Failure-to-appear Court Law 115

TechLaw Crossroads

JANUARY 3, 2024

I have been amazed at the knee-jerk and head in the sand reaction of many courts to the use of Gen AI by lawyers appearing before them and the use by judges. The Council offers definitions to clear up any misunderstanding about the tools. It states that there’s generally no need for courts to mandate disclosure of AI or Gen AI usage.

Court 64

Court Lawyer Judge Legal research 64

LawSites

NOVEMBER 1, 2021

Constandinos (Deno) Himonas, the Utah Supreme Court justice who spearheaded the state’s first-of-its-kind regulatory sandbox to license new forms of legal services and providers, is retiring from the court. Hammering away at the problem with the same tools is Einstein’s definition of insanity, he said. It hasn’t worked.”.

Court 52

Court Judge Law firm Litigator 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?

Court 105

Court Failure-to-appear Lawsuit State law 105

LawSites

MAY 17, 2022

Two years ago, the legal and business news company ALM launched Law.com Radar , a service of the legal news site Law.com that delivers custom-tailored news drawn from court dockets, with a unique twist — its news summaries are generated algorithmically, rather than by human editors. It later added transactional news to the mix.

Litigator 52

Litigator Litigation Document automation Law firm 52

3 Geeks and a Law Blog

JUNE 1, 2023

The challenge was to analyze single plaintiff employment litigation cases to determine how these types of matters should be priced. In this case the client was concerned about setting an unfavorable precedent with a court loss, so a $900k fee was fine by them. I remember the first time I was assigned this task.

Lawyer 264

Lawyer Law firm Hearing Law 264

Eric Goldman

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. The Delaware court stayed proceedings pending the California action. First, the court found that there was no evidence of logged-in scraping in the record. According to the court: The U.S. Meta sued in California.

Judge 98

Judge Court Defendant Litigator 98

Legal Tech Monitor

NOVEMBER 6, 2023

The Illinois Supreme Court Rules Committee will hold a public hearing on November 15 to hear public comment on five proposals. at the Administrative Office of the Illinois Courts (222 N. at the Administrative Office of the Illinois Courts (222 N. The hearing will be held at 10:30 a.m. The hearing will be held at 10:30 a.m.

Hearing 52

Hearing Court e-filing Attorney 52

Eric Goldman

MAY 30, 2023

The professional/personal distinction remains hot for politicians using social media–that issue is headed to the Supreme Court). The court doesn’t endorse this test. The court doesn’t endorse this test. The Court will also likely consider ‘control’ as a significant determining factor.”

Court 98

Court Failure-to-appear Lawsuit Bankruptcy 98

Eric Goldman

MARCH 29, 2023

Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Eric asked me: how would this have been different if the claimant had pursued the traditional route of suing in federal court? The CCB filing cost is about $300 less than federal court. Here’s the odd part.

e-filing 105

e-filing Court Failure-to-appear Dispute resolution 105

Eric Goldman

JULY 28, 2023

The court says that in some online circles, it’s used as symbolism that a stock price is headed “to the moon.” So the Court declines Cohen’s blanket rule. Securities Litigation, 2023 U.S. But like language, a symbol’s meaning may be clarified by “the context in which [the] symbol is used.” LEXIS 129613 (D.D.C.

Judge 98

Judge Court Litigator Litigation 98

LawSites

JANUARY 10, 2024

LawHelp Interactive to help self-represented litigants obtain essential legal forms. LawHelpNY.org, providing legal information in New York on pro bono services, legal rights, the courts, and more. They include: The ProBono.net platform, which connects lawyers with pro bono opportunities in several way.

Law firm 132

Law firm Law Law Analytics 132

Eric Goldman

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). The court says the rival makes a trademark use in commerce by using the trademarks in its “metatags” (ugh). These omissions would be frustrating if the court didn’t reject the trademark owner on other grounds.

Lawsuit 98

Lawsuit Court Lawyer Litigation 98

Legal Tech Monitor

JANUARY 3, 2024

I have been amazed at the knee-jerk and head in the sand reaction of many courts to the use of Gen AI by lawyers appearing before them and the use by judges. The Council offers definitions to clear up any misunderstanding about the tools. It states that there’s generally no need for courts to mandate disclosure of AI or Gen AI usage.

Court 52

Court Lawyer Judge Legal research 52

Eric Goldman

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. The court sees it differently. 22-15879 (9th Cir. Citing Sellers v. Sadlock v.

e-records 98

e-records Court Law Law 98

Eric Goldman

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. These definitions have also been adopted by the Ninth Circuit, see Fonovisa, Inc.

Defendant 98

Defendant Court Litigation Litigator 98

3 Geeks and a Law Blog

MARCH 7, 2024

Lear explains how InfoTrack serves primarily small to medium-sized law firms, facilitating more efficient litigation support through integrated cloud-based solutions. So, you know, is that something you’re considering to in terms of sort of offering that kind of online support Dan Lear 9:39 Gor courts in which it’s not available online yet?

e-filing 147

e-filing Court Time-tracking Practice management 147

Legal Tech Monitor

AUGUST 7, 2023

This tool allows law firms to analyze aggregated and normalized state trial court data to gain competitive intelligence across cases, practice areas, and performance. Collecting this unstructured data from county courts is very challenging, but provides valuable business insights. Was it 110 or 112? Go Red Raiders. Go Red Raiders.

Court 52

Court Law firm Analytics Judge 52

Eric Goldman

JUNE 22, 2023

If my blog qualifies as an eligible DJP, the definition of DJPs is surely over-inclusive. Does the definition only include CPM-based revenue? It simply converts a litigation battle over retaliation into a battle over whether the DJP violated the TOS. ” The court also questioned the tailoring fit.

Intellectual Property 105

Intellectual Property Court Lawsuit Litigator 105

3 Geeks and a Law Blog

MAY 12, 2023

With the goals of automating the litigation process from response to appeal, Walter and Albeiro are focused on removing the mundane tasks, such as typing, from the process and allowing the attorneys to focus more on their legal experience and expertise over the grunt work that takes up too much of their time already. Like brief point?

Lawyer 130

Lawyer Litigator Litigation Time-tracking 130

Eric Goldman

JULY 25, 2023

This Tom Sawyer approach to e-commerce may or may not deflect Redbubble’s legal liability, a question that is being actively litigated. The court dismissed all claims on summary judgment except contributory trademark infringement and counterfeiting. The Ninth Circuit overturns much of the lower court’s resolution.

Defendant 75

Defendant Law Law Court 75