LawSites

JUNE 29, 2022

Today brings news that Gavelytics , a seven-year-old litigation analytics company, is closing its doors effective tomorrow. We built things never before built and answered litigation-related questions never before answerable. The hardest stories I have to report are the ones about legal tech startups that are forced to shut down.

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Analytics Litigation Litigator Judge 98

MatterSuite

MARCH 14, 2024

Whether you are a business person dealing with contractual disputes or an individual who has been injured by a defective product, the high cost of litigation– attorney fees –can quickly prevent you from seeking legal redress. This is where litigation finance (also known as litigation funding or legal financing) comes in.

Litigation 52

Litigation Litigator Lawsuit Defendant 52

Above the Law - Technology

MARCH 27, 2024

As I reported yesterday, the plaintiff in the New York case, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law. “It is my understanding Ms.

Lawsuit 286

Lawsuit Legal tech Legal tech Defendant 286

Eric Goldman

NOVEMBER 16, 2024

The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

Court 84

Court Defendant Failure-to-appear Litigation 84

CaseFox

DECEMBER 21, 2023

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. Discovery is the process by which parties exchange information and evidence.

Litigation 52

Litigation Litigator Dispute resolution Criminal trial 52

Liquid Litigation Management, Inc.

SEPTEMBER 25, 2018

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. She is a sophisticated plaintiff, and she is a representative plaintiff in this litigation.

Defendant 52

Defendant Litigation Litigator Judge 52

Above the Law - Technology

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. Defendant’s misgivings, meaning any facts that might demonstrate the defendant’s lack of character or empathy. The relief sought.

Lawsuit 311

Lawsuit Legal tech Legal tech Defendant 311

Discovery Advocate

JANUARY 16, 2024

It is crucial for litigators to carefully consider the terms of an ESI protocol when drafting and before agreeing to it. There are valuable insights to be gained from the case of In re StubHub Refund Litigation , 2023 WL 3092972 (N.D. In StubHub , the parties agreed to produce hyperlinked documents as attachments in the ESI protocol.

Litigation 59

Litigation Litigator Defendant Court 59

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

Defendant 113

Defendant Intellectual Property Court Judge 113

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

Defendant 110

Defendant Judge Failure-to-appear Court 110

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. For a fuller description of the litigation genre and its problems, see my paper.

Court 95

Court Defendant Judge Litigation 95

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. See, e.g. , Kirk Kara Corp.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigation 52

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially.

Defendant 89

Defendant e-discovery Lawsuit Court 89

Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

Defendant 110

Defendant Judge Court Litigation 110

Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

Intellectual Property 69

Intellectual Property Defendant Litigation Litigator 69

Eric Goldman

FEBRUARY 11, 2024

A liberal interpretation of the Copyright Act, therefore, could open the floodgates to endless litigation. This is especially salient because many potential defendants could decline to answer because the cost of litigation would likely outweigh the mandatory statutory damages amount. All excellent points.

Defendant 96

Defendant Court Litigation Litigator 96

Eric Goldman

JUNE 8, 2024

In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. ” That prompted this litigation. .'” ” That prompted this litigation. Normally, in a situation like this, I ask the question: “Who owns the right to the name ‘Texas Tamale’?”

Lawsuit 114

Lawsuit Defendant Court Litigation 114

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

Court 132

Court Defendant Judge Lawsuit 132

Eric Goldman

FEBRUARY 18, 2024

Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated. .”

Judge 103

Judge Defendant e-records Court 103

Legal Tech Monitor

JULY 10, 2023

Establishing personal jurisdiction over defendants in cryptocurrency class actions in the U.S. requires an embrace of innovative solutions that account for the unique characteristics of this digital landscape.

Litigation 40

Litigation Litigator Defendant 40

Eric Goldman

JANUARY 11, 2024

On appeal, the Ninth Circuit finds that the district court didn’t make any reversible errors–except that the pro se litigant should get another chance to amend the complaint, even though it’s pretty clear that it’s doomed, which sounds like everyone gets to do more work before arriving at the inevitable denouement/status quo.

Defendant 90

Defendant Court Litigation Litigator 90

CaseFox

NOVEMBER 27, 2023

Over time, legal frameworks developed to address these concerns, forming the foundation for contemporary exposure litigation. High-profile incidents, such as Love Canal and asbestos-related diseases, prompted regulatory changes and a surge in environmental and occupational health litigation.

Lawsuit 52

Lawsuit Defendant Litigation Litigator 52

Eric Goldman

DECEMBER 5, 2023

A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. But sealing defendants’ identities directly conflicts with courtroom transparency, a foundational principle essential for trust in our judicial system. Those defendants never reach the default judgment stage.

Judge 90

Judge Defendant Court Litigation 90

Eric Goldman

JULY 30, 2024

“Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” “Defendant Google is a private business, not a state actor.” The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. ” Fraud.

Defendant 89

Defendant Lawsuit Court Litigation 89

Eric Goldman

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. The costs of defending those lawsuits is a financial punishment with censorial consequences, even if the defendant never violated the law.

Defendant 93

Defendant Time-tracking Court Litigation 93

Eric Goldman

JUNE 12, 2024

In the last year, a team of California litigators (from Singleton Schreiber in Sacramento and Law Offices of Thomas Leary from San Diego) has launched 1670.8 ” in Lexis and Westlaw and found the following decisions involving the litigation team: Callaway v. the defendant’s home court. enforcement campaign.

Court 73

Court Defendant Litigation Law 73

Eric Goldman

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). The parties are already in litigation. The generic manufacturer is already under a litigation hold. Violating that hold will lead to adverse consequences in the litigation as well as possible criminal punishment.

Defendant 94

Defendant Court Litigation Litigator 94

Eric Goldman

APRIL 21, 2024

I can’t easily track the state court litigation, but the federal litigation is a sight to behold. Case Citation : In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , No. However, life intervened, and my massive blog post got stuck in draft mode. 4:22-md-03047-YGR (N.D.

Litigation 100

Litigation Litigator Court Defendant 100

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 84

Lawsuit Court Defendant Failure-to-appear 84

Eric Goldman

MAY 18, 2023

” [FN: the factors are: (1) “the nature of the act assisted,” (2) the “amount of assistance” provided, (3) whether the defendant was “present at the time” of the principal tort, (4) the defendant’s “relation to the tortious actor,” (5) the “defendant’s state of mind,” and (6) the “duration of the assistance” given.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

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.

e-discovery 52

e-discovery Defendant Litigation Litigator 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.

Litigation 52

Litigation Litigator Defendant Failure-to-appear 52

Technically Legal

MAY 9, 2024

Studies determined that at least one litigant does not have a lawyer in 75% of civil cases in the United States. After law school continued her career helping the underserved, including work for Legal Aid Services of Oregon and work as a public defender. But organizations like Oregon’s Commons Law Center are doing something about it.

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Estate planning Law firm Law Law 111

Eric Goldman

OCTOBER 9, 2024

Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. I hope this ruling will be persuasive to other courts so that we can finally and permanently put this chapter to rest after 2+ decades of pointless litigation. the dollar value of the clicks at issue is well below the costs of litigation).

Lawsuit 97

Lawsuit Defendant Court Litigation 97

Eric Goldman

JULY 26, 2023

for now…) CFAA claims Chegg brought a CFAA claim against the defendant because: 1) its data is behind a log-in screen; 2) Chegg thinks that the defendant got the data while using a free trial; and 3) the defendant is still using the data to undermine Chegg’s core business after getting the cease-and-desist letter.

Defendant 97

Defendant Intellectual Property Court Judge 97

Eric Goldman

OCTOBER 17, 2023

The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The court says the defendants waived any fair use defense by briefing it inadequately. For unexplained reasons, it does not appear that the defendants are invoking the 512 defense.

Defendant 110

Defendant Failure-to-appear Court Law 110