Eric Goldman

MARCH 17, 2025

As the judge says resignedly, “Taking these provisions directly from a law enacted in the United Kingdom, the California Legislature left it to the courts to pass the CAADCA through the filter of our First Amendment.” Unsurprisingly, on remand, the district court declared the rest unconstitutional.

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Debevoise Data Blog

MARCH 19, 2025

At the Committees last meeting in November 2024, it agreed to develop a formal proposal for a new rule which, if adopted, would become Rule 707 of the FRE that would require federal courts to apply Rule 702s standards to machine-generated evidence. State courts also are beginning to grapple with the reliability of AI generated evidence.

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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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Legal Talk Network

OCTOBER 31, 2019

Last and definitely not least, we had the opportunity to catch up with my legal hero Erwin Chemerinsky, the Dean of Berkeley Law, as we discussed his topic presented at the Alexander F. If you own rental property, you should definitely tune in. CLA 2019 Annual Meeting: Litigation Section–CLE Highlights and Section Updates.

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3 Geeks and a Law Blog

MAY 16, 2023

There is definitely demand for the AI Insider Program with over 3,000 law firms already signed up. He also sees opportunities to use the tools to help pro se litigants and courts. Jeff Pfeifer 16:06 Definitely. Do you have a plan for how you’re going to interact with these agencies and courts?

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Eric Goldman

APRIL 21, 2024

I wrote up a 4,000 word draft about the state court ruling, but the federal ruling came out before I finished it. I couldn’t blog just the state case without discussing the new development, so I planned to modify my blog post on the state court ruling to compare/contrast the federal ruling. It doesn’t work.

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Eric Goldman

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. Yet, the court bails YouTube out. The court shreds this chart.

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Debevoise Data Blog

DECEMBER 9, 2024

Defining AI for Internal Policies A Few Considerations and Tips (July 29, 2024) Companies developing internal AI policies often face challenges deciding how to define AI and, relatedly, deciding when AI governance and compliance programs should apply to models outside their chosen definition.

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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

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Eric Goldman

APRIL 12, 2025

The court is unclear about how Joybuy operates, but it appears that Joybuy (via the entity JD) runs its own online marketplace. This is a rare attack on the capacious definition of a service provider, and it did not succeed. March 31, 2025) This case involves the service Joybuy, which listed items for sale in Walmart.coms marketplace.

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Clio

JANUARY 20, 2025

The discovery process is a critical element of litigation, and objections to discovery requests are every bit as essential. Any legal professional working in litigation needs to know how to make these objections, and how to respond when the opposing side makes them. Response [applying federal court standard]: Objection.

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CloudNine

NOVEMBER 15, 2024

Privacy concerns require forensic teams to limit collections to court-ordered data only, fostering trust in both the legal team and custodians. Key Insights: Definition and Context: Koehler began by defining linked files as paths or URLs in documents that point to other files stored on various platforms.

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MatterSuite

NOVEMBER 24, 2024

Legal assistants, also called litigation assistants, mainly perform ancillary work and work at the strategic and administrative levels to support the legal profession. This can include preparing or handling legal papers and even assisting an attorney in court. What does a legal assistant do?

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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.

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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.

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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?

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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.

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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.

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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.

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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.”

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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.

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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.

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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.

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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.

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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.

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Berkley Technology Law Journal

JANUARY 11, 2023

The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google. Entities whose primary business is not related to healthcare are not included within either of the definitions.

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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.”.

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Berkley Technology Law Journal

JANUARY 11, 2023

The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google. Entities whose primary business is not related to healthcare are not included within either of the definitions.

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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.

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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.

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Legal IT Group

JANUARY 22, 2024

The “personal information” definition is amended. The current definition of personal information requires the information to be “about” an individual who is either identified or reasonably identifiable. So, what “agreed in principle” proposals are worth paying attention to? Overarching proportionality requirement.

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3 Geeks and a Law Blog

FEBRUARY 19, 2024

In the latest episode of “The Geek in Review,” Marlene Gebauer hosts a fascinating conversation with Sonja Ebron and Debra Slone , the dynamic couple behind Courtroom5 , a pioneering startup in the Justice Tech space aimed at empowering pro se litigants. And so we are firmly in the Justice Tech space as it’s known. Courtroom5.

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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.

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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.

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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.

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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.

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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.

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