Attorney at Work

MAY 20, 2022

Law specialization has become increasingly common — almost a necessity. . Abraham Lincoln, licensed to practice law in 1837 in Illinois, may be the archetypal general practice attorney. The Lincoln Legal Papers Project identified over 5,600 cases and nearly 100,000 documents related to Lincoln’s law practice.

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Attorney at Work

OCTOBER 25, 2021

A large part of practicing law is persuading someone to believe, act or agree with your client’s position, whether in a courtroom or boardroom or at a negotiation or dinner table. We seek to persuade juries, judges, colleagues, friends, family or the media that we are right, and others are not. Acknowledge their efforts. See below).

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Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Eric Goldman

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. Second, the SAD Scheme is swallowing up the rest of trademark law.

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Eric Goldman

SEPTEMBER 29, 2023

If not, why didn’t it work and what lessons can we learn from its failure? The post SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces appeared first on Technology & Marketing Law Blog. This week, Sens. As a result, it remains terrible. What have we learned since then?

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Attorney at Work

JUNE 28, 2022

When lawyers start talking about stress and depression, they are usually talking about the effect their law practice has on their sense of well-being, self-value and self-esteem. In other words, you may be perceiving the practice of law in a flawed manner, and the good news is that can be corrected. Compassion. Perspective.

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Attorney at Work

JUNE 2, 2022

holding that all things are governed by unvarying natural laws, and that the wise man is led by reason to live virtuously and free from passion, accepting calmly whatever happens.” Stoicism comes down to this simple idea: You can’t control your world, but you can control your thoughts. How you think about the world is your world.

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Eric Goldman

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

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Eric Goldman

FEBRUARY 21, 2024

Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.

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Eric Goldman

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. 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.

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Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. District Chief Judge Nancy Rosenstengel. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v.

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Eric Goldman

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. FN: I say the 2023 Super Bowl because the Supreme Court necessarily will be taking Internet Law cases every term for the foreseeable future, and each new Internet Law case they take has the capacity to rock our world.] Supreme Court [FN]. Taamneh and Gonzalez v.

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Eric Goldman

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Fortunately, a federal district judge preliminarily enjoined the AADC as unconstitutional. [Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.]

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Clio

MAY 31, 2024

While telephone appearances have been common for many years, the COVID-19 pandemic ushered in a new era for court proceedings with remote participants. Now, many courtrooms allow video conferencing and other mechanisms to enable virtual appearances by attorneys. And what are some best practices for attorneys making virtual appearances?

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Attorney at Work

OCTOBER 29, 2021

Anne worked as a patent paralegal at a Chicago IP firm before arriving at the CBA in 2017 as the Law Practice Management and Technology department’s trainer/coordinator. But danger lurks behind certain tech when working from home. SOMETHING WICKED THIS WAY COMES. As a result, our security practices tend to get more casual as well.

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Martindale-Avvo

MAY 17, 2024

Lawyers are often trained from early days in law school to over-prepare and to be ready with a solid answer for every question and every possible scenario. Present on the call were a judge and two lawyers, one of whom could not remove a filter that made him appear to be a cat. What Is Vulnerability?

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Debevoise Data Blog

SEPTEMBER 25, 2024

However, data controllers and processers should be aware that the UK’s Information Commissioner’s Office (“ICO”) can also carry out dawn raids as part of investigations into compliance with data protection laws. What is a dawn raid? A dawn raid is an inspection of a business’ premises conducted without notice.

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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.] By guest blogger Elizabeth Townsend Gard , John E. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Let’s take a look.

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Wisblawg

APRIL 26, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole. Supervising Sentencing 57 UC Davis L.

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Legal Tech Monitor

JULY 27, 2023

Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 Id., ¶ 119.

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MatterSuite

AUGUST 15, 2023

In the realm of law, effective communication can be the difference between success and failure. Whether you’re a practicing attorney, a law student, or simply someone interested in the art of persuasion, To understand the nuances of persuasive legal writing is essential. Cite relevant statutes, case law, and precedents.

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TechLaw Crossroads

JANUARY 12, 2023

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. I skate to where the puck is going to be, not where it has been Wayne Gretzky Last week, I was back at the sprawling CES (formerly known as the Consumer Electronics Show) in Las Vegas. CES goes out of its way to accommodate the media.

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CloudNine

JUNE 6, 2024

The law firm day topics hovered mostly on how Generative and Predictive AI are gaining more steam in the legal industry, with the corporate agenda track more focused on change management. This two-day event hosted private practicing attorneys the first day and corporate in-house personnel the second day. What was surprising to me?

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Eric Goldman

MARCH 25, 2024

Judge Breyer of the Northern District of California had none of it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. As the phrase goes, “ he can dish it out, but he can’t take it “).

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Eric Goldman

JUNE 7, 2023

The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'” Snap workaround.

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Eric Goldman

JUNE 14, 2024

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. The state court judge skillfully dissects the arguments using a wide range of legal theories, from the economic loss doctrine to Section 230.

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Eric Goldman

DECEMBER 15, 2024

Goodness gracious, I could teach an entire semester of Internet Law focused solely on Uber’s TOS formation. It’s a source of never-ending, and sometimes avoidable, drama. This opinion is a companion to the Massachusetts Supreme Court’s decision in Good v. Uber , which upheld an identical TOS formation process.

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Eric Goldman

JUNE 20, 2023

For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v.

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Eric Goldman

JUNE 9, 2024

This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal). Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. ” Cite to Lemmon v. Snap , Barnes , Roommates , Dyroff.

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”

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Eric Goldman

DECEMBER 29, 2023

Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

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Eric Goldman

OCTOBER 13, 2024

Grande made a bizarre argument that Grokster overrode decades of common law contributory copyright infringement doctrine, leaving only the inducement doctrine in place. After all, the Grokster court spent no energy explaining its rearticulation as a variation on the traditional common law test. NOCIs to Grande between 2011 and 2017.

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Eric Goldman

MARCH 21, 2025

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. The plaintiff claims that Amazon listings falsely claim that other merchants cartridges are remanufactured or recycled. Section 230. UPDATE: Prof.

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Eric Goldman

SEPTEMBER 19, 2023

Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment. As a result, state legislatures, both red and blue, are producing a flood of Internet censorship laws will tie up the courts for years. The CDA essentially required websites to authenticate user age.

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Berkley Technology Law Journal

OCTOBER 3, 2023

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

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