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 Machine learning Lawsuit Court 132

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

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Defendant Court Failure-to-appear Litigator 126

Legal Tech Monitor

JULY 27, 2023

And the responsibility of lawyers to collect—and assist their clients with preserving—such electronically stored information (ESI) remains. Below are several updated tips for lawyers to effectively collect and preserve social media evidence while adhering to ethical guidelines and maximizing the evidence’s potential impact in the courtroom.

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Attorney at Work

MAY 30, 2022

Yellow legal pads, containing what at least to a casual observer might seem unintelligible scribbles, abound in most lawyers’ offices. Of course, good legal business practice dictates that we take copious and clear lawyer notes to identify work we have done or still need to do, who we have spoken with, when and about what.

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Lawyer Failure-to-appear Time-tracking Compliance 52

MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. 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.

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Lawyer Lawsuit Failure-to-appear Defendant 52

MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. 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.

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Lawyer Failure-to-appear Lawsuit Compliance 52

OpenText

SEPTEMBER 16, 2024

lawyers need to focus on a different way to interact with technology to achieve speed, accuracy and maximum return on investment. As lawyers increasingly interact with GenAI, they will need to develop the skills to ensure they can use prompts effectively to maximize the value of the technology. What is Legal 3.0 What does that mean?

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

Lawmatics

SEPTEMBER 13, 2023

It may even get to the point where the media covers the case which can change public perception of the defendant and negatively impact both personal and professional relationships. Not to mention, it’s costly to defend yourself against a frivolous claim. Not to mention, it’s costly to defend yourself against a frivolous claim.

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Lawsuit Defendant Judge Court 52

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?

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Hearing Failure-to-appear Court Judge 69

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.] 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. Let’s take a look.

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CaseFox

JUNE 29, 2023

Whether you are a lawyer, firm, or law student, it is important to know about legal motions. For lawyers, attorneys, and parties involved in the litigation, it is necessary to understand the legal motion practice. In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims.

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Client Intake Court Failure-to-appear Defendant 52

AXDRAFT

FEBRUARY 9, 2023

“Our lawyer will have your documents ready in a minute. 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. Lawyers play a big role in reaching business goals.

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Failure-to-appear Compliance Lawyer Legal tech 52

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.

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Failure-to-appear Attorney Defendant Law 40

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.

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Lawsuit Court Defendant Failure-to-appear 102

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.

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Failure-to-appear Attorney Defendant Lawyer 121

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.

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Lawsuit Court Failure-to-appear Defendant 98

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. The plaintiff’s lawyers repackaged arguments that have failed many times before. ” Cite to Lemmon v.

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

JUNE 20, 2023

Others, including many copyright owners and lawyers, and some scholars, have more quietly welcomed the ruling as a necessary corrective to a fair use doctrine they believe had tilted too far in the direction of copyright re-use. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No. 21-869 (May 18, 2023).

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Eric Goldman

DECEMBER 29, 2023

Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

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Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

OCTOBER 27, 2024

Ronda Baldwin-Kennedy , a lawyer, ran for the US Senate in Nevada as a Republican. “several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” She got less than 2,000 votes in the June 2024 primary.

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Lawsuit Failure-to-appear Defendant Court 102

Eric Goldman

SEPTEMBER 27, 2024

” I don’t know what “particular” third-party content means, but the statute doesn’t support any distinction based on “particular” and “non-particular” third-party content. .”

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Court Lawsuit Judge Defendant 105