Defendant Federal law State law 
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. 301(a) , which preempts state laws “equivalent” to copyright.
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. Case Citation : Duffer v.
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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.
Justia Legal Marketing & Technology blog
NOVEMBER 28, 2023
While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.
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, many federal and state laws allow Americans to stand up for themselves as well.
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.
Debevoise Data Blog
OCTOBER 18, 2021
State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy.
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