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The defendant conceded summary judgment on liability, and the court held a trial on damages. This post covers the court’s ruling following the damages trial. Setting the Damages Range The court rejects KMC’s innocent infringement defense. Matthew McDermott is a freelance photographer. The New York Post story.
Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range. By Gaurav Lalsinghani, J.D.
Managing an increasing volume of cases and court deadlines– sometimes in multiple jurisdictions – is one of the biggest time management challenges for law firms. . The court ordered additional briefings, but the lawyer then missed multiple deadlines, claiming earlier orders were lost among numerous notifications on his mobile phone.
The court summarizes the plaintiffs’ allegations: D.G. Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s The court dismisses Roblox, Google, and Apple from the case. Plaintiffs further allege that D.G.s
The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”
The court dismissed the case without prejudice. “Plaintiff seeks to hold Twitter liable for decisions regarding “information provided by another information content provider”—that is, information he and the third-party user, rather than Twitter, provided.” A Twitter user sued over his account suspension.
The journalists did not assert straightforward copyright infringement claims: they instead argued that OpenAI had removed copyright management information (“CMI”) before using their works to train ChatGPT, in violation of the DMCA. Raw Story Media, Inc. OpenAI Inc. , 24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. See 17 U.S.C.
” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true. These allegations raise questions of fact as to what Angi did with the information provided by Encor before Encor was listed or promoted as “certified” on Angi’s platform.
The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The district court decided that JLM owned the accounts using a six-factor test it created. ” (Cite to Pierson v.
The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” Defamation.
Weve written extensively on how lawyers can use AI responsibly and, as yet another court decision is released addressing lawyers use of AI, its never been more important to understand the risks and limitations of AI use. How did the court respond to the hallucinations? Learn how it works. What are AI hallucinations?
The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. CloudFlare’s block ).
The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. . ” Cites to Mosha v. Facebook , Herrick v.
Google stripped out the notices’ identifying information and forwarded the notices to Hopson. The court dismisses the lawsuit. Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights.
In many industries, deadlines are flexible and calendaring is an informal process—but not in the legal industry. Book a demo of Clio Manage’s Court Rules feature and automate court deadline reminders with ease! This is why legal docketing is top priority for any law firm that wants to succeed and avoid malpractice claims.
The INFORM Consumers Act was designed to redress the same concerns as the SHOP SAFE Act, and it just became effective a few months ago. Did the INFORM Consumers Act make a difference or not? If not, why didn’t it work and what lessons can we learn from its failure? This week, Sens. As a result, it remains terrible.
Washington’s Fair Campaign Practices Act “requires Meta to maintain certain records of the political advertisements it hosts on its platforms and, when requested, to permit inspection of, or to disclose, such records to those seeking such information.” In December 2024, the appeals court affirmed everything.
The district court initially dismissed all of the claims for their lack of merit, after discussing Snap’s Section 230 defense irresolutely. Assuming the court is right the move isn’t pretextual, it’s still a Pyrrhic victory for the plaintiffs. The plaintiffs tried again, with the same result. Section 230. Negligence.
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.
An attorney’s reputation can improve based on their success or failure in communicating with clients. Miscommunication leads to misunderstanding and client dissatisfaction that can be translated into poor performance of cases in court. When you meet with your client, pose questions, be patient, and listen to what they say.
After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. hiQ Labs I, 938 F.3d
” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. cite to LW v.
By manipulating information provided by third parties, Defendants changed the meaning and significance of that information as well as the manner in which the content was presented, thereby arguably materially contributing to the information and becoming a developer or creator of information/content. ” * Doe v.
Thus, the court says: “the steps a business would need to take to sufficiently estimate the age of child users would likely prevent both children and adults from accessing certain content. The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.”
On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. The court also held that plaintiffs were permitted to proceed pseudonymously. GitHub, Inc.
The rate of change has accelerated, increasing the volume of information about a given industry, company or case. In today’s information economy, far more time and attention are required to develop a broad knowledge base. Law specialization has become increasingly common — almost a necessity. . Commoditization of Legal Documents.
If you or members of your team have IoT-connected devices at home like Amazon’s Alexa or a Nest security camera, you need to be wary of what work-related information those devices might see or hear during the day. Inform your team of the vulnerabilities and risks, and make sure they know what is at stake when it comes to work-related data.
For the Fourth of July week, we thought we’d do something fun and probably a little weird. Greg spoke with an AI guest named Justis for this episode. Justis, powered by OpenAI’s GPT-4, was able to have a natural conversation with Greg and provide insightful perspectives on the use of generative AI in the legal industry, specifically in law firms.
Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023.
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 says it’s immaterial that there is a potentially long time delay between user registration and the purchases.
Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Note 1: all guest bloggers do it purely for the glory.
Design patents protect the overall appearance, visual impressions, artistry, and style of ornamental subject matter. When combining these secondary designs they had to be “so related [to the Rosen reference] that the appearance of certain ornamental features in one would suggest the application of those features to the other.”
Legal teams juggle numerous matters, each with its own jurisdiction, set of deadlines, court dates, and filing requirements. Failure to manage these events effectively can lead to severe consequences such as case dismissal, attorney sanctions, and even lawsuits. All event details are listed within its matter page.
However, data controllers and processers should be aware that the UK’s Information Commissioner’s Office (“ICO”) can also carry out dawn raids as part of investigations into compliance with data protection laws. They are typically only used by the ICO where less intrusive measures (such as information notices) have been tried but have failed.
Modern legal tech helps centralize information, automate routine tasks, and foster collaboration among attorneys and staff. To remain competitive, firms must foster a culture where every team member aligns with organizational goals, follows well-defined processes, and leverages technology to streamline workflows. What Is Law Firm Management?
In today’s world, industries rely heavily on data to inform decisions and drive innovation. But with the increase of business information in layers, comes the challenge of protecting personal and sensitive information, too. This prevents information breaches that are very costly. Why is Data Compliance Important?
The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information. In this Debevoise Data Blog post, we offer practical tips for reducing CCPA risk based on a review of the cases filed to date and the treatment of those cases in the courts. In Rahman v. Marriott Int’l, Inc.,
Zoom-Cat Lawyer became a viral sensation with the leak of a video of a court hearing conducted on Zoom. Present on the call were a judge and two lawyers, one of whom could not remove a filter that made him appear to be a cat. It can support many of your practice ideals, from positive client feedback to high job satisfaction.
Legal motions allow parties to assert their rights, and seek relief from the court regarding certain cases. They can also present arguments in front of the court with the help of legal motions. They can also present arguments in front of the court with the help of legal motions. This motion asks the court to dismiss the case.
And the responsibility of lawyers to collect—and assist their clients with preserving—such electronically stored information (ESI) remains. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. to maintain client confidences and protect sensitive client information.
million fine against Austrian Post for channelling electronic data protection-related inquiries to a web form and not offering an additional email address, irrespective of the data subject option to also use non-electronic postal mail or customer service. These developments, and more, covered below. Standard Contractual Clauses).
Also, lawyers can rely on the software to maintain accurate information at all times. Ensuring that legal professionals are always aware of upcoming deadlines, courtappearances, and other critical events. It incorporates features like user access controls, encryption, and regular data backups to protect sensitive information.
In contrast, the Spanish DPA appears to have a preference for taking separate enforcement action: in 2020, it published 29 penalty notices against one company – Vodafone/Telefónica Móviles. DPAs face difficulties in making fines stick Regulators appeared to have a difficult time making penalties stick.
In the realm of law, effective communication can be the difference between success and failure. Legal writing, specifically the ability to craft compelling arguments, is a skill that holds immense power. This blog post delves into the intricacies of how to harness the power of legal writing to construct compelling arguments.
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