CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

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Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I

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Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

Justia provides a Probate Law Center that can guide executors, heirs, and anyone else involved in the process. If needed, the probate court will appoint someone to manage the estate. Key duties of an executor include filing the will (if any) with the probate court and gathering and valuing the assets in the estate.

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Law Law Court State law 101

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?

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Chen * Another 512(f) Claim Fails–Moonbug v.

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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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Court e-discovery Defendant e-records 52

Martindale-Avvo

FEBRUARY 14, 2024

Well, a prenup is somewhat like an insurance policy to hopefully protect marrying parties from protracted, expensive and emotional litigation if for some reason the marriage does not work out. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients.

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Attorney Divorce lawyer Law Law 111

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

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Court Litigator Litigation Case law 98

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. The court accepts that the employer believed the works were created within the scope of employment, so the associated takedown notice wasn’t sent in bad faith. Shande will get his day in court. This includes a 512(f) claim. The 512(f) claim fails. Case Citation : Shande v.

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State law Court Litigator Litigation 75

Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

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Court State law Litigator Litigation 111

Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

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Court Software Litigator Litigation 98

Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. MK has not alleged any lost revenue or added expenditures as a result of DNP’s conduct,” wrote U.S.

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Court Lawyer Lawsuit Failure-to-appear 52

Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. But the content that they’re trying to protect isn’t theirs—it belongs to their users. LinkedIn Corp.

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Intellectual Property Court Litigator Litigation 98

Martindale-Avvo

OCTOBER 29, 2024

Most critically, relationship contracts (where used to define respective roles of each party and not deal with purely financial or property matters) are not legally enforceable, whereas prenuptial agreements, provided they meet required criteria usually established by state law, are legally binding contracts which can be enforced by a court.

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Attorney Court State law Litigator 64

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 98

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. That’s a litigation strategy, I guess. Thus: the Court is left with two competing interpretations of the Conditions of Use.

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Defendant Law Law Court 77

Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. Although the counter-notice filed by Defendant stated that Defendant would accept service of process from Plaintiff, the counter-notice did not state that Defendant waived formal service requirements. Court still grants a TRO anyway…] * DP Creations LLC v.

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Defendant Court State law Lawsuit 75

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. The Consumer Protection Law Center offers information about these topics and others related to consumer rights. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

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Mediator Dispute resolution Law Law 68

Joshua Gilliland

JANUARY 12, 2016

Instead, the Court dressed down the attorneys on their meet and confer efforts: This discovery dispute has quickly transformed into a behemoth, replete with competing and disputed descriptions of at the Parties’ efforts to meet and confer. The Court found that “unacceptable.” 23, 2015, No. C14-1443RAJ) 2015 U.S.

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Defendant Judge Court Legal advice 52

Legal Expert Connections

DECEMBER 1, 2018

Most worrisome to many legal ethics experts is the fact that the involvement of these attorneys is often hidden from the client, the class, and even the court. These referral fee arrangements are particularly useful to class action law firms as a method of avoiding competition amongst other firms that desire the role of lead counsel.

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Law Law Law firm Legal advice 52

Eric Goldman

JANUARY 11, 2025

The court summarizes the facts: The two videos at issue comprise excerpts from Lakeway City Council meetings and a presentation Kilgore gave as mayor to Lakeway residents, sitting at a desk in front of United States and Texas flags. Both cases included a 512(f) claim, and both 512(f) claims survive the preliminary dismissal efforts.

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Wisblawg

JANUARY 16, 2024

Evaluating the significance, legality, and desirability of legislative vetoes must start with an understanding of the existing legal landscape, including the wide array of state law provisions and court decisions across the country. In other states, direct litigation over the mechanism seems not to have occurred.

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Prosecutor Court Law Law 40

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. See Vance v. Amazon.com Inc. , C20-1084JLR, 2021 WL 1401633, at *2 (W.D.

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Law Law Court Time-tracking 52

Debevoise Data Blog

OCTOBER 26, 2021

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses. Has the company obtained those individuals’ consent?

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Compliance Federal law Data protection Machine learning 52

Debevoise Data Blog

JANUARY 13, 2025

But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectual property rights. Showing Substantial Similarity of Generative AI Outputs.

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Litigator Litigation Intellectual Property Defendant 52

Berkley Technology Law Journal

JULY 9, 2022

And it’s not entirely clear yet whether courts will consistently enforce, as a writing, something as easy to do as click “I agree,” for example. And so, the court held that this was in fact, a likeness, or at least protected by the law that protects against unauthorized use of likenesses.

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Intellectual Property Law Law Court 52

3 Geeks and a Law Blog

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

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Legal research Legal tech Legal tech Hearing 189

LawSites

SEPTEMBER 21, 2021

The legal analytics platform Lex Machina , which is owned by LexisNexis, has added a module for litigation involving claims under the Americans with Disabilities Act, as well as claims under related state laws. . In addition, Lex Machina has been gradually expanding its coverage of state courts. District Court.

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Analytics Court Litigator Litigation 72

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. Craigslist, the panel affirmed the lower court ruling requiring higher defense scienter to invoke FOSTA’s Section 230 exception. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes.

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Debevoise Data Blog

APRIL 16, 2024

But the risks of irresponsible adoption of GenAI customer service chatbots, including increased litigation and reputational risk, could eclipse their promise. Laws still apply when a customer is talking to a chatbot.

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Court Litigator Litigation State law 52

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Snap litigation.

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CaseFox

DECEMBER 22, 2023

He has a wide range of experience litigating cases before federal and state courts including claims of wrongful termination, discrimination, harassment, retaliation, Title 59, Section 1983 and related claims, as well as various civil litigation. It’s not enough to comply with just the federal or the state law.

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Dispute resolution Law Law Legal tech 52

Eric Goldman

DECEMBER 16, 2024

The appellate court refers to Doe’s behavior as “ capping.” The court dismissed the case on Section 230 grounds. Knowing CSAM Possession The district court dismissed the CSAM civil claim on Section 230 grounds. The 11th Circuit affirms, but relies only partially on Section 230 grounds.

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Lawsuit Defendant Court Hearing 52

Debevoise Data Blog

JULY 5, 2022

Due Diligence Requirements : The Bulletin states that before utilizing any data collection method, fraud algorithm or rating/underwriting or marketing tool, insurers “must conduct their own due diligence to ensure full compliance with all applicable laws.”

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Due diligence Compliance State law Litigator 40

Legal Tech Monitor

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

Legal research 52

Legal research Legal tech Legal tech Hearing 52