Eric Goldman

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Defendant 111

Defendant Judge Failure-to-appear Court 111

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

Lawsuit 105

Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

NOVEMBER 16, 2024

The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

Court 102

Court Defendant Failure-to-appear Litigator 102

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. cite to LW v. Cite to Doe v.

Defendant 95

Defendant Failure-to-appear Court Judge 95

Eric Goldman

AUGUST 13, 2024

Substack defended on Section 230 grounds. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” Substack appeared first on Technology & Marketing Law Blog. ” In July 2023, it made a post entitled “ Oliver D. Google in response.

Failure-to-appear 105

Failure-to-appear Defendant Court Law 105

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. So close. Cites to McCarthy v. ccBill , LW v.

Lawsuit 95

Lawsuit Defendant Failure-to-appear Court 95

Eric Goldman

FEBRUARY 22, 2024

The court recaps past cases: the crux of the financial benefit inquiry is whether a causal relationship exists between the infringing activity and a financial benefit to the defendant. But in every case, the financial benefit to the defendant must flow directly from the third party’s acts of infringement to establish vicarious liability.

Defendant 119

Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

OCTOBER 28, 2024

Under California law, “oppression is even more onerous” when a “clause pegs both the scope and procedure of the arbitration to rules which might change.” Under California law, “oppression is even more onerous” when a “clause pegs both the scope and procedure of the arbitration to rules which might change.”

Failure-to-appear 95

Failure-to-appear Court Defendant Law 95

Eric Goldman

MARCH 28, 2023

Not unreasonably, lawyers continue to view this language from the 9th Circuit as an invitation to explore the possibility that somewhere in the law is an affirmative right to scrape public data. by guest blogger Kieran McCarthy Last year, the most important case in the history of web scraping— hiQ Labs, Inc. LinkedIn Corp. hiQ Labs I, 938 F.3d

Defendant 126

Defendant Court Failure-to-appear Litigator 126

Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

JUNE 14, 2024

The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

JUNE 17, 2023

On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. The court also held that plaintiffs were permitted to proceed pseudonymously.

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Defendant Lawsuit Machine learning Court 132

Eric Goldman

JUNE 4, 2024

If you’re relatively new to Internet Law, Lady Freethinker’s arguments may sound like a clever legal approach. AOL from 2003, a case I still include in my Internet Law casebook. ” The TOS provides additional details about what YouTube considers impermissible animal abuse. But not at the expense of Section 230!)

Failure-to-appear 98

Failure-to-appear Defendant Court Law 98

Eric Goldman

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. Citing Sellers v.

e-records 98

e-records Court Law Law 98

Attorney at Work

MAY 24, 2022

It lives in the past and is the bastard child of perceived mistakes and failures. If you’ve forgotten what this was for you when you started practicing law, for most attorneys, the big picture is to help people. One quality is more important than any other in having the life you want: confidence. First, shift your focus inward.

Lawyer 95

Lawyer Failure-to-appear Defendant Attorney 95

Attorney at Work

JUNE 23, 2022

In Iowa, the Client Security Board acts as a quasi-criminal body — and, in effect, accused attorneys are treated more or less as any criminal defendant would be. Unfortunately, that’s something I know from personal experience. An Ethics Sanction Needn’t Be a Professional Death Sentence. That is, not if you don’t allow it to become one.

Failure-to-appear 102

Failure-to-appear Attorney Defendant Lawyer 102

Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

Lawsuit 98

Lawsuit Court Failure-to-appear Defendant 98

Eric Goldman

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. In addition, although the takedown notices state that the company contacting Defendants, Appdetex, is Yuga’s DMCA Agent, it does not state that the notice is a DMCA notice. Never has, never will.

Court 105

Court Failure-to-appear Lawsuit State law 105

Debevoise Data Blog

NOVEMBER 12, 2024

In response to widespread concern among rights holders about the ease with which consumers could make inexpensive copies of music and movies, in 1998, Congress enacted the DMCA to bring copyright law into the Internet age. Raw Story Media, Inc. OpenAI Inc. , 24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. See 17 U.S.C.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

MARCH 9, 2024

Note 2: when I worked at the law firm in the 1990s, the firm’s voicemail system allowed senders to send ringless voicemails, i.e., voicemails not preceded by a phone call. [This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. ” [Note 1: I HATE getting voicemails.

Court 105

Court Failure-to-appear Defendant Software 105

Eric Goldman

MARCH 29, 2023

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] By guest blogger Elizabeth Townsend Gard , John E. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Let’s take a look.

e-filing 105

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

OpenText

SEPTEMBER 16, 2024

They must also learn of the risks and issues with AI and how to detect and defend when it is being used. They must also learn of the risks and issues with AI and how to detect and defend when it is being used. However, technology is moving at lightning speed, and keeping pace is no longer good enough in a Legal 3.0 What is Legal 3.0

Failure-to-appear 69

Failure-to-appear Machine learning Legal tech Legal tech 69

Clio

MAY 31, 2024

While telephone appearances have been common for many years, the COVID-19 pandemic ushered in a new era for court proceedings with remote participants. Now, many courtrooms allow video conferencing and other mechanisms to enable virtual appearances by attorneys. And what are some best practices for attorneys making virtual appearances?

Hearing 69

Hearing Failure-to-appear Court Judge 69

Legal Tech Monitor

JULY 27, 2023

Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 Id., ¶ 119.

Lawyer 52

Lawyer Defendant Failure-to-appear Court 52

Debevoise Data Blog

JUNE 22, 2021

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.

Litigator 52

Litigator Litigation Defendant Failure-to-appear 52

MatterSuite

APRIL 24, 2024

A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. The median cost of defending a legal malpractice lawsuit is $100,000.

Lawyer 52

Lawyer Lawsuit Defendant Failure-to-appear 52

CaseFox

JUNE 29, 2023

Whether you are a lawyer, firm, or law student, it is important to know about legal motions. In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims. In this motion, the moving party can ask for entitlement of the judgment as a matter of law.

Client Intake 52

Client Intake Court Failure-to-appear Defendant 52

MatterSuite

APRIL 24, 2024

A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. The median cost of defending a legal malpractice lawsuit is $100,000.

Lawyer 52

Lawyer Failure-to-appear Lawsuit Compliance 52

AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

Failure-to-appear 52

Failure-to-appear Compliance Lawyer Legal tech 52

Eric Goldman

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No. 21-869 (May 18, 2023). 569 (1994).

Court 98

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

Debevoise Data Blog

OCTOBER 12, 2022

There has been significant regulatory attention recently to “dark patterns,” including FTC guidance , state privacy laws , and state and federal enforcement actions. Some of this activity involves new regulations, and some is based on decades-old consumer protection laws that prohibit unfair and deceptive practices.

Failure-to-appear 40

Failure-to-appear Attorney Defendant Law 40

Debevoise Data Blog

JANUARY 31, 2022

On January 5, 2022, the NYAG’s Bureau of Internet and Technology published a Business Guide for Credential Stuffing Attacks , which was the result of a months-long investigation uncovering widespread failures of companies to effectively combat credential stuffing attacks on their customers. What Is Credential Stuffing?

Failure-to-appear 52

Failure-to-appear Defendant Compliance Software 52

Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” To get around Section 230, the plaintiffs attempted the Lemmon v.

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like this (Screen 1): Note the unusual “skip” link in the upper right–what happens if users select it?

Court 97

Court Failure-to-appear Defendant Law 97

Eric Goldman

JUNE 9, 2024

The court dismisses the case but gives the plaintiff the chance to amend the complaint to plead failure-to-warn and negligent design–because those arguments show up in virtually every 230 case now. Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. ” Cite to Lemmon v.

Lawsuit 88

Lawsuit Criminal trial Court Defendant 88

Eric Goldman

OCTOBER 27, 2023

Grindr successfully defends on Section 230 grounds. The plaintiffs claimed this case is about “a failure to implement basic safety measures to protect minors.” Grindr decision involved a different plaintiff, but the same fact pattern (sexual abuse of a minor) and the same defendant. ICS Provider. Cite to Saponaro v.

Defendant 98

Defendant Failure-to-appear Court Law 98