Eric Goldman

JULY 14, 2023

You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube.

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Lawsuit Court Machine learning Defendant 98

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants.

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Court Judge Defendant Hearing 111

CaseFox

DECEMBER 21, 2023

Have you ever found yourself curious about the legal stuff you hear about? The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law.

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Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Court Litigation Litigator Defendant 123

Eric Goldman

MAY 25, 2024

” (The claim that 230’s application to defamation hasn’t been litigated before in Minnesota really surprised me, but I wasn’t able to disprove it quickly). Bascom because the defendants in those cases didn’t add their own commentary to the third-party content. The court distinguishes Barrett v.

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Defendant Court Hearing Litigator 98

3 Geeks and a Law Blog

FEBRUARY 8, 2023

This week we have Damien Riehl , VP, Litigation Workflow and Analytics Content at FastCase, and one of the drivers behind SALI (Standards Advancement for for the Legal Industry.) Damien is the Vice-President of Litigation Workflow and Analytics content and part of the leadership at SALI. And then I litigate the patent.

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Litigator Litigation Time-tracking Law firm 243

Justia Legal Marketing & Technology blog

MAY 4, 2023

Under the Federal Rules of Civil Procedure , a court may grant summary judgment to a litigant when “there is no genuine dispute as to any material fact, and the movant is entitled to judgment as a matter of law.” Stability AI , three artists are pursuing infringement claims against the AI company Stability AI and other defendants in the U.S.

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Lawsuit Intellectual Property Court Defendant 93

Clio

MARCH 15, 2024

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. What is a motion to dismiss? In some U.S.

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Defendant Hearing Court Lawsuit 52

Debevoise Data Blog

JUNE 22, 2021

Companies should review and test their website and application code, as well as cloud configurations, to defend against misconfigurations potentially resulting in inadvertent data exposure. The Defendant has filed a second motion to dismiss following the Plaintiff’s filing of a second amended complaint. In Vennerholm v.

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Litigation Litigator Defendant Failure-to-appear 52

Discovery Advocate

MARCH 30, 2023

In re Google Play Store Antitrust Litig., — F. In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 3d —-, 2023 WL 2673109, No.

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e-discovery Defendant Litigation Litigator 52

Eric Goldman

JULY 18, 2023

While this is only the second appellate circuit to adopt this approach, the Second Circuit, having jurisdiction over New York State, hears a disproportionally high number of cases concerning copyright and contracts. The Solicitor General’s Brief After losing at the Second Circuit, Genius asked the Supreme Court to hear its appeal.

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Court Litigator Litigation Case law 98

Eric Goldman

JUNE 18, 2023

Initially, Malwarebytes defended on Section 230(c)(2)(B). Whether the 9th Circuit hears it en banc or not, I assume this case will again head to the Supreme Court. Based on the fundamental illogic of its litigation position, I see no way for Enigma to win here. Also, the dissent made excellent points. Malwarebytes, Inc.

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Court Software Judge Litigator 105

Eric Goldman

OCTOBER 6, 2024

This is the tree that fell in the forest that no one was around to hear. Are the parties seriously going to litigate this to a trial? Defendant Intent. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Seriously, dude? Fire, ready, aim.

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Lawsuit Court Failure-to-appear Defendant 98

Eric Goldman

AUGUST 1, 2023

For those reasons, I strongly suspect this will not be the last we hear of this case. Neither Time nor BuzzFeed was named as a defendant. In my opinion, however, nothing in the Copyright Act requires that the defendant be in possession or control of that copy in order to be held directly liable for public display. 3d at 593. [To

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Defendant Court Litigator Litigation 98

Legal Tech Monitor

JULY 31, 2023

Last month, the Colorado Supreme Court issued official guidelines for virtual participation in trial court proceedings , allowing litigants, victims, witnesses, and attorneys to attend virtually. Key to this access was a call to judges to “promote the use of remote audio and video services for case hearings and case management meetings.”

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Litigation Litigator Judge Court 52

TechLaw Crossroads

SEPTEMBER 8, 2023

Whenever I hear one of his songs, I am reminded of vacations, the beach, cruises, and good times. You could almost smell the breeze off the water hearing his music. I decided early in my career to devote my energies to defending businesses sued in significant, complex mass tort matters.

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Lawyer Defendant Hearing Litigator 64

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.

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Lawsuit Defendant Judge Court 52

LawSites

DECEMBER 1, 2021

They supplemented that review with an analysis of court approaches to virtual hearings, e-filing, and digital notarization, focusing on how these tools affected litigants in three of the most common types of civil cases: debt claims, evictions and child support. Disproportionate Impact.

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Court e-filing Notary Hearing 52

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.] Other cases where Oppenheimer has been a litigant show that he has some licensing history, however minimal. Worrisome: Common behavior was penalized $1,000 plus years of litigation.

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

Legal Tech Monitor

SEPTEMBER 8, 2023

Whenever I hear one of his songs, I am reminded of vacations, the beach, cruises, and good times. You could almost smell the breeze off the water hearing his music. I decided early in my career to devote my energies to defending businesses sued in significant, complex mass tort matters.

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Lawyer Defendant Hearing Litigator 59

Legal Tech Monitor

JUNE 1, 2023

Justice Donohue talked about a new program she recently helped institute called Project Litigate. Project Litigate The Project was instituted at Justice Donohue’s request but implemented by lawyers. By having oral hearings on motions that might otherwise be decided on briefs if a younger lawyer is involved is one way to do this.

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Judge Dispute resolution Litigation Litigator 59

Legal Tech Monitor

NOVEMBER 21, 2023

This results in some long days but also some economies of scale as I am able to double-up hearings and local courtrooms. I am also able to put my pro bono cases back-to-back with my regular cases for final hearing. Bullock: Recently, a hard-working grandmother filed a pro se petition for guardianship of her three-month-old grandson.

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Hearing Attorney Defendant Court 52

Clio

MAY 31, 2024

This means litigators must understand the basics of post-trial motions and how to handle them effectively. After federal criminal trials, a convicted defendant may file this motion asking the court to set aside the conviction. Not only must these motions be well-researched and thorough, they also can set up appellate issues for later.

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Court Judge Criminal trial Defendant 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. The legal motion follow-up can include filling in the response for the motion or attending the motion hearing.

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Client Intake Court Defendant Failure-to-appear 52

TechLaw Crossroads

JUNE 1, 2023

Justice Donohue talked about a new program she recently helped institute called Project Litigate. Project Litigate The Project was instituted at Justice Donohue’s request but implemented by lawyers. By having oral hearings on motions that might otherwise be decided on briefs if a younger lawyer is involved is one way to do this.

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Judge Dispute resolution Litigation Litigator 52

Legal Tech Monitor

SEPTEMBER 21, 2023

It’s essential to consider that court hearings can be a particularly challenging stage for self-represented litigants, and ALP representation could significantly assist in presenting evidence and defending their case. Utah, Washington, and Oregon allow for limited representation, often referred to as “reactive representation.”

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Judge Court Attorney Defendant 52

Clio

APRIL 5, 2024

You should note that an evidentiary ruling on an issue such as this–a witness’s prior criminal conviction–will often be made prior to trial or otherwise in a hearing where the jury is not present. The government could also obtain evidence in violation of the 6th Amendment’s right to counsel for a criminal defendant. You: “Objection.

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Court Defendant Attorney Judge 52

Clio

FEBRUARY 20, 2024

If an attorney conducts any form of civil or criminal litigation in U.S. This means that the ability to write a motion for court is central to a litigator’s potential for professional success–especially for mid-sized or smaller firms without the vast resources of Big Law. courts, they will be dealing with motions filed in court.

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Court e-filing e-discovery Judge 52

Colin S. Levy

JUNE 4, 2024

I hear lawyers continually point to public defenders, the courts, legal aid and pro bono as what their profession is doing to support access to justice. Justice tech founders are scaling affordable technology to give access to the legal system to people who legal aid and pro bono aren’t serving or can’t serve.

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Law tech Legal tech Legal tech Defendant 40

Debevoise Data Blog

SEPTEMBER 9, 2021

The court did transfer the claimant’s action under the Data Protection Act to a lower-level County Court, which will now hear the case. What to do : This case suggests that, in the UK, data breach litigation will be confined to Data Protection Act-related claims. Deliveroo fined €2.5

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Data protection Court Litigator Litigation 52

Berkley Technology Law Journal

FEBRUARY 27, 2023

If, for instance, the government thinks someone is cheating on their benefits, that person gets a hearing. And I think a poignant example of this is on February 22 of this year, Joshua Browder, who is the CEO of Do Not Pay was planning to use ChatGPT to defend a client in traffic court, here in California. And there’s a process.

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Machine learning Law Law Intellectual Property 40

Eric Goldman

OCTOBER 23, 2024

The defendant displayed its own trademark in the ad copy, not the plaintiff’s, so the marks were dissimilar. ” Ugh, seriously, nooooo… Keyword metatags are the trees that fall in the forest that no one hears. Mark Similarity. ” PREACH. They should be legally irrelevant.

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Lawsuit Judge Defendant Court 105

TechLaw Crossroads

JANUARY 26, 2024

Finally, Judge Schlegel identifies a real risk for those litigants who don’t have the financial capacity to challenge or defend digital courtroom in judicial proceedings. “We We need to be sure all parties have access to the digital tools to challenge or defend digital evidence.”, Solutions Anyone? It’s fully voice cloned.

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Digital evidence Judge Defendant Court 128

LawSites

MAY 31, 2022

In litigation and intellectual property matters, it is the responsibility of docketing professionals to ensure that electronic court pleadings and documents are properly and timely filed, to maintain internal databases of docketed documents, and to facilitate access to documents by the firm’s legal professionals. Judge A likes it this way.

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Law firm Paralegal e-filing Law 98

Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. Last October , in Doe v. Case citations : J.B.

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Lawsuit Defendant Court e-filing 111

Eric Goldman

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Case Citation : Doe v. Twitter, Inc.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 2, 2024

Snap litigation. Section 230 says there can be only one defendant for those items of third-party content, and it isn’t the tertiary player Salesforce. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v.

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Lawsuit Defendant Court Judge 96