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

It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. 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.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. Raw Story Media, Inc. OpenAI Inc. ,

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigation 52

Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. 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

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

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. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. Never has, never will.

Court 105

Court Failure-to-appear Lawsuit State law 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.] 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.

e-filing 105

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

Eric Goldman

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. 22-15879 (9th Cir. Citing Sellers v.

e-records 98

e-records Court Law Law 98

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.

Lawsuit 52

Lawsuit Defendant Judge Court 52

CaseFox

JUNE 29, 2023

Legal motion management is an essential aspect of the litigation process. 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.

Client Intake 52

Client Intake Court Failure-to-appear Defendant 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

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

Court 98

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

Eric Goldman

OCTOBER 13, 2024

As usual, a key non-litigant is Rightscorp, which sent 1.3M On appeal, the Fifth Circuit upholds Grande’s liability but reverses the damages computation in a way that will save Grande a few dollars. NOCIs to Grande between 2011 and 2017. Unsurprisingly, this argument fails. Frontier, another IAP, failed with this argument elsewhere).

Court 98

Court Failure-to-appear Defendant Lawsuit 98

Eric Goldman

JANUARY 26, 2024

The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.

Defendant 98

Defendant e-records Court Failure-to-appear 98

Debevoise Data Blog

MARCH 16, 2023

Such a fundamental shift will create new litigation and potentially upend breach response. Privacy Regulations: The Administration appears to be using the Strategy to promote federal legislation to impose clear limits on the collection, use, transfer and maintenance of personal data, i.e., federal privacy regulation.

Software 52

Software Defendant Failure-to-appear Compliance 52

Eric Goldman

SEPTEMBER 19, 2023

ACLU, saying that filtering solutions were less restrictive than server-side content controls (it took another 5 years of litigation before the challenges were fully resolved). Many recent laws essentially mirror the “protect the kids online” initiatives of the 1990s and early 2000s, all of which failed as unconstitutional.

Court 130

Court Judge Defendant Litigator 130

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.

Defendant 117

Defendant Lawsuit Failure-to-appear Court 117