Eric Goldman

AUGUST 11, 2023

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. Citing Sellers v.

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Eric Goldman

MARCH 29, 2023

By guest blogger Elizabeth Townsend Gard , John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Prutton, 22-CCB-0045 , February 28, 2023.

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

Eric Goldman

JANUARY 26, 2024

Thi E-Commerce, LLC, 2023 WL 5949029 (Cal. The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D. Strain, No.

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Defendant e-records Court Failure-to-appear 98

Eric Goldman

JUNE 20, 2023

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