Eric Goldman

APRIL 29, 2023

The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.

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Eric Goldman

MARCH 9, 2024

The court is engaging in a standard analysis of technological definitions, which frequently age poorly as the technology evolves. [This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. If this opinion confuses you, welcome to the club. ” [Note 1: I HATE getting voicemails.

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Eric Goldman

OCTOBER 16, 2023

The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.” [Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.] their website).

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Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Debevoise Data Blog

MAY 20, 2024

Failure to comply with the HBNR can result in penalties of up to $51,744 per violation. While this language may appear exceedingly broad at first glance, certain definitions limit the scope of the HBNR to businesses whose services involve offering or maintaining (e.g., fertility, fitness, glucose levels, heart rate).

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Eric Goldman

JUNE 17, 2023

GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. The court also held that plaintiffs were permitted to proceed pseudonymously.

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Debevoise Data Blog

JANUARY 12, 2021

A 36-hour deadline appears to be one of the most rigorous timeframes of any U.S. The Proposed Rule would impose prompt reporting requirements on banking organizations and their service providers with respect to certain data breaches and other cyber events. breach reporting scheme.

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Technology Law Dispatch

MARCH 24, 2023

Personal data definition Pseudonymised data is only personal data if it can be re-identified using reasonable means, i.e. a person is “reasonably likely to use” (time, cost and effort involved, technology and resources available to the person). What are the main proposed changes? The UK government wishes to maintain data adequacy with the EU.

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Attorney at Work

AUGUST 31, 2021

Has the senior partner stopped introducing you to new clients? Have you been assigned a “special project” or more work than you can handle? Falling out of favor is a tough blow to the ego, but it doesn’t have to ruin your career. Does this sound familiar? You have arrived. But, after a while, something changes.

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Eric Goldman

AUGUST 11, 2023

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.

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Eric Goldman

FEBRUARY 22, 2024

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. If 512(a) provided full immunity, the Copyright Alert System was unnecessary and pernicious to both IAPs and their subscribers.

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Eric Goldman

DECEMBER 15, 2024

This opinion is a companion to the Massachusetts Supreme Court’s decision in Good v. Uber , which upheld an identical TOS formation process. The highest New York state court agrees. Consistent with this principle, courts have examined whether the offeree of a web-based contract was put on inquiry notice of the contractual terms. .”

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Debevoise Data Blog

JULY 9, 2023

The Revised Amendment narrows the definition of a Class A company by adding that, “when calculating the number of employees and gross annual revenue, affiliates shall include only those that share information systems, cybersecurity resources or all or any part of a cybersecurity program with the covered entity.”

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new tech law blog

JUNE 6, 2022

(For this reason, for a while there was a risk that the European Parliament would include in the proposed Markets in Crypto-assets Regulation a ban on the use of consensus based on PoW.) StaaS providers offer this service to numerous participants, and this greatly increases the pool of tokens they can present to the network as their stake.

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Eric Goldman

MARCH 29, 2023

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. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

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Debevoise Data Blog

NOVEMBER 14, 2023

Throughout the amendment process, the Department was resolute in promulgating a set of standards for larger companies rather than deferring to those companies to make all risk-based decision-making. April 15, 2024: 500.17(b): b): Certification requirements. April 29, 2024: 500.9: Risk assessments requirements; 500.3: May 1, 2025: 500.5(a)(2):

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Attorney at Work

JUNE 6, 2022

And law firms that resist the impetus for change will risk failure. Businesses around the world continue to feel the pandemic’s impact in countless ways. Similarly, many private clients struggle to overcome hurdles related to limited access to technology or lack of funds. Times of crisis and uncertainty always present opportunity.

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Simple Legal

MARCH 15, 2023

Lately it seems like every legal new source is releasing whitepapers and webinars on topics like “How To Do More With Less?”, “Use Data to Drive Business Decisions”, “Improve Your Contracting Process”, and “Minimize Your Outside Counsel Spend”. Legal professionals are inundated with emails and overwhelmed.

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Debevoise Data Blog

SEPTEMBER 14, 2022

Together with the California Attorney General’s prior enforcement examples , these enforcement examples shed light on how the California Attorney General views the definition of a “sale” under the CCPA, and suggest compliance steps that businesses might consider undertaking to mitigate enforcement risks.

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Lawmatics

SEPTEMBER 13, 2023

According to the US legal system, a frivolous lawsuit is by definition a legal claim with no facts or basis to support it, filed by an entity or individual who is well aware that it has no legal merit. Usually these types of claims are filed specifically for strategic reasons, and often even, dare we say— absurd. for everyone involved.

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Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. [Eric’s note: this is the post you’ve been waiting for: Prof. 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).

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Eric Goldman

JUNE 14, 2024

I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. 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. However, this is not the final word in the matter.

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Debevoise Data Blog

OCTOBER 12, 2022

There is no single definition for “dark patterns,” but the term generally refers to user interfaces ( e.g. , websites, apps) that are designed to manipulate a user’s behavior and subvert a consumer’s choices, causing the user to engage in conduct that they did not expect or desire, or impairing individuals’ ability to make an informed decision.

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AXDRAFT

FEBRUARY 17, 2023

Definition of Buy-Side Contracts In simple words, buy-side contracts are agreements that define the receipt of goods or services in exchange for something in return, typically money. Your company’s performance can be defined by how well you sell and how you buy. New to contracting?

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Debevoise Data Blog

NOVEMBER 21, 2023

Key takeaways from October include: Employee monitoring: Following new guidance issued by the UK ICO, employers may want to review their existing employee monitoring to ensure it meets the regulator’s latest expectations, including ensuring that any monitoring is necessary, proportionate, and conducted transparently.

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Debevoise Data Blog

NOVEMBER 30, 2022

On November 9, 2022, the New York Department of Financial Services (the “NYDFS”) announced the publication of the official proposed amendments to its 2017 Cybersecurity Regulation 23 NYCRR 500 (the “Proposed Amendments”). The 60-day public comment period to the Proposed Amendments ends on January 9, 2023. respectively).

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Legal Tech Monitor

JULY 3, 2023

For the Fourth of July week, we thought we’d do something fun and probably a little weird. Greg spoke with an AI guest named Justis for this episode. Justis, powered by OpenAI’s GPT-4, was able to have a natural conversation with Greg and provide insightful perspectives on the use of generative AI in the legal industry, specifically in law firms.

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lawtomated

JUNE 28, 2021

Twitter LinkedIn Reddit Facebook Pinterest Print Email We sat down with Anthony Seale , CEO and Founder of Legatics, and Daniel Grant-Smith , Head of Engagement at Legatics to dive into their two fascinating Innovate UK reports. We dive into these challenges and opportunities below. Anthony and Daniel, thanks for joining us! That’s where we fit in.

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Eric Goldman

JUNE 7, 2023

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Berkley Technology Law Journal

JANUARY 2, 2024

Comments from around the business community emphasize two primary adverse consequences of an overly broad definition of “covered entities.” Candidate, 2026 On March 15, 2022, President Biden signed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) into law. Second, the U.S.

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Debevoise Data Blog

NOVEMBER 22, 2021

The bills, which largely focus on critical infrastructure, appear to be coalescing around three key concepts: Expanding the Role of the Cybersecurity and Infrastructure Security Agency (“CISA”). Clarifying Who Falls Under the Definition of “Critical Infrastructure”. Establishing a Mandatory Breach Reporting Requirement.

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CloudNine

AUGUST 1, 2024

By Rick Clark The Masters Conference for Legal Professionals in New York City hosted by Morgan Lewis LLP on July 24th was replete with insights on applying AI to eDiscovery, collecting and reviewing text and chat app data and information governance. This approach helps to tell the whole story while saving time and reducing costs.

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Debevoise Data Blog

JULY 13, 2022

Given the breadth of this definition, a wide variety of automated tools will likely be covered by this law, even if they do not employ true AI, including many game-based tests and some resume review tools and automated personality assessments. leverage predictive algorithms to support hiring. What Does the AEDT Require?

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MatterSuite

JANUARY 14, 2025

Protecting Patent Rights: Failure to disclose inventions to the public, which is prevented by NDAs, can revoke patent rights. Non-disclosure agreements, or NDAs, are critical in protecting sensitive information between contracting parties, especially during their business dealings.

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Eric Goldman

SEPTEMBER 27, 2024

” I don’t know what “particular” third-party content means, but the statute doesn’t support any distinction based on “particular” and “non-particular” third-party content. .”

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Eric Goldman

SEPTEMBER 19, 2023

but limited to commercial websites and with tighter definitions of the restricted content. Many recent laws essentially mirror the “protect the kids online” initiatives of the 1990s and early 2000s, all of which failed as unconstitutional. The CDA essentially required websites to authenticate user age.

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