Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group. Class actions must meet certain requirements under federal or state procedural rules. However, they cannot recover damages greater than the small claims court limit.

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Martindale-Avvo

FEBRUARY 12, 2025

There are a few proposed federal laws to manage deepfakes, but so far there is no comprehensive piece of legislation. Some states have enacted laws to prohibit deepfakes in limited circumstances, such as a Texas law that makes it illegal to create a deceptive video to injure a candidate or impact an election outcome.

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Intellectual Property Data protection Defendant Federal law 59

Eric Goldman

JUNE 23, 2023

Fyk’s alleged injury has no connection whatsoever to any conduct by the United States, the only defendant in this lawsuit. That the CDA is a federal law does not mean Mr. Fyk can bring a claim against the United States government; preventing such a flood of lawsuits is at the core of standing doctrine. That is the problem.

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Lawsuit Defendant Court Litigator 110

Eric Goldman

NOVEMBER 2, 2023

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Massachusetts’ anti-SLAPP law is old-school and narrow, so Nextdoor didn’t have the option to invoke anti-SLAPP protection. ” The court cites Force v. Massachusetts should fix that.

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Eric Goldman

MAY 17, 2024

When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. If a contract does that, it should not be enforceable as a matter of federal law.

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Eric Goldman

FEBRUARY 7, 2024

It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” That was an obviously problematic conclusion.

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The Law Product Makers blog

NOVEMBER 16, 2021

Already published applications included a letter to landlords requesting a rent deferral under Federal Law due to the pandemic and a letter to mortgage lenders requesting mortgage forbearance also under Federal Law. My analysis is not definitive.

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Debevoise Data Blog

JULY 13, 2021

between (i) a plaintiff’s statutory cause of action to sue a defendant over the defendant’s violation of federal law and (ii) a plaintiff’s suffering concrete harm because of the defendant’s violation of federal law.” The Supreme Court identified “an importance difference.

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Martindale-Avvo

FEBRUARY 12, 2025

There are a few proposed federal laws to manage deepfakes, but so far there is no comprehensive piece of legislation. Some states have enacted laws to prohibit deepfakes in limited circumstances, such as a Texas law that makes it illegal to create a deceptive video to injure a candidate or impact an election outcome.

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Intellectual Property Data protection Defendant Federal law 52

The Barrister

APRIL 24, 2024

Here, federal court defers to the administrative agency’s permissible construction of the statute. [5] Factual Background Loper and Relentless challenged the applicability of Chevron in a case surrounding enforcement of federal observers on commercial fishing vessels. Relentless and Loper Cases A.

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LawSites

JANUARY 4, 2023

At great cost, Xcential has been forced to defend itself with counterclaims and motions for dismissal. Superior Court, to claim an Xcential invention as its own and to throttle us for, among other allegations, misappropriation of trade secrets.

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Inside Privacy

JULY 20, 2023

Consistent with the Strategy , the NCSIP contemplates five broad lines of effort (“pillars”): Defending critical infrastructure; Disrupting and dismantling threat actors; Shaping market forces to drive security and resilience; Investing in a resilient future; and Forging international partnerships to pursue shared goals.

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Debevoise Data Blog

OCTOBER 26, 2021

In this part, we assess where the law seems to be heading and offer some practical risk reduction strategies. Federal and State Legislation There is currently no federal law that specifically regulates biometric privacy. No comprehensive and preemptive federal law seems likely to pass anytime soon.

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Debevoise Data Blog

JULY 7, 2021

TransUnion: A Win for Defendants in Breach Lawsuits? Even though all of the TransUnion plaintiffs claimed they were harmed by the defendant’s violation of federal law, the Supreme Court found only those who suffered a “concrete” injury—separate from the violation alone— had standing.

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Debevoise Data Blog

OCTOBER 18, 2021

Notably, BIPA provides for enforcement by private citizens, with losing defendants on the hook both for generous statutory damages and for attorneys’ fees. There is a private right of action: violators are subject either to actual damages or damages of $1,000 per day per violation, whichever is greater.

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Law Law Court Time-tracking 52

Eric Goldman

MARCH 11, 2025

Thats the basis for a recent opinion from a Florida federal district court that could have major implications for online services CSAM detection and reporting practices. The court sides with the defendants as to the first CyberTip but not the second. The defamation and SCA claims for the second CyberTip go forward as to each defendant.

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Simple Legal

JULY 20, 2023

You’ll finish this book feeling astounded by how discrimination seeps into state and federal laws. While it sounds mundane, the case caused a sensation, with those supporting taxonomy clashing with individuals who staunchly defended the biblical assertion that whales were considered fish.

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Intellectual Property Law Law Corporate law 79

Eric Goldman

JULY 16, 2023

firearms dealers—will be held liable for meeting the requirements of state and federal law [This sidesteps the obvious question of whether Wisconsin could statutorily impose such duties on an online publisher like Armslist, an issue that probably will come up in other cases.] Other examples of such cases include Roe v.

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Berkley Technology Law Journal

OCTOBER 3, 2023

State and federal laws prohibit public and private entities from discriminating against individuals based on their race, age, national origin, religion, gender, disability, and sexual orientation. Advocacy groups challenged the law in Court, claiming it violated the First Amendment.

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Inside Privacy

APRIL 24, 2023

Specifically, this prohibition on use or disclosure would apply where: (1) Reproductive health care is sought, obtained, provided, or facilitated lawfully in one state and an investigation arises in another state; (2) Reproductive health care is protected, required, or expressly authorized by Federal law; or (3) Reproductive health care is sought, (..)

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lennyesq

AUGUST 16, 2023

Doing so would intrude on Georgia’s right and obligation to defend its own laws and choose its own presidential electors.By Laurence H.

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Eric Goldman

DECEMBER 1, 2023

The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. Federal Preemption The court then turns to arguments that federal law preempts Montana’s ban.

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Inside Privacy

OCTOBER 9, 2023

Consistent with the Strategy, the NCSIP contemplates five broad lines of effort: (1) defending critical infrastructure; (2) disrupting and dismantling threat actors; (3) Shaping market forces to drive security and resilience; (4) investing in a resilient future; and (5) forging international partnerships to pursue shared goals.

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lennyesq

SEPTEMBER 24, 2024

The jury was tasked with deciding whether the Trump Train drivers violated a federal law barring coordinated political intimidation. The jury found no civil liability against five co-defendants : two married couples and a retired singer. Read more… [link]

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