Eric Goldman

OCTOBER 17, 2023

For unexplained reasons, it does not appear that the defendants are invoking the 512 defense. Kiwi Farms, operated by Joshua Moon, is best known for coordinating cyberattacks on individuals , especially people with disabilities. CloudFlare’s block ). ” Greer emailed Moon asking to remove the book. Direct Infringement.

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Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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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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Court Failure-to-appear Judge Litigator 115

Eric Goldman

MARCH 8, 2024

If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year. As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value).

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Clio

OCTOBER 29, 2024

For instance, it is most commonly used in both civil and criminal litigation for tracking court appearances, deadlines, and other time constraints. As legal professionals know, any missed deadline or event could sink a legal matter—not to mention the legal practice that makes the mistake. How does docketing work?

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Eric Goldman

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. ” As the court then explains, there are many circumstances where it’s perfectly appropriate to do so, and where the failure to do so would allow the putative copyright owner to weaponize the court system.

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Eric Goldman

JANUARY 27, 2024

To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.

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Failure-to-appear Court Litigator Litigation 97

Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. Bright Data didn’t stop.

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Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Attorney at Work

MAY 23, 2022

You must own up to your shortcomings, failures, and disappointments. When you are a first-year associate in a big law firm the way is fraught with booby-traps. 17 ways to stay out of trouble. A family friend will be graduating from law school this spring and starting his career at a large law firm next fall. Learn from them. Get over it.

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Bankruptcy lawyer Failure-to-appear Bankruptcy Paralegal 104

Eric Goldman

MARCH 22, 2025

Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Not even any blog schwag.]

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Eric Goldman

DECEMBER 10, 2023

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. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Joseph v.

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Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

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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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Eric Goldman

APRIL 29, 2023

I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. See this ruling for another example of the same parlor trick).

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Eric Goldman

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. Twitter, Inc. Taamneh , No.

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Defendant Court Failure-to-appear Lawsuit 142

Brett Trout

MAY 30, 2024

Design patents protect the overall appearance, visual impressions, artistry, and style of ornamental subject matter. When combining these secondary designs they had to be “so related [to the Rosen reference] that the appearance of certain ornamental features in one would suggest the application of those features to the other.”

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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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Court Failure-to-appear Lawsuit Judge 105

CloudNine

MARCH 25, 2024

Failure to meet these deadlines can result in severe consequences. Legal Compliance: Ensuring compliance with various public records laws requires agencies to navigate complex requirements, with failure leading to legal consequences. This includes staffing and technology, making it difficult to process requests efficiently.:

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Failure-to-appear Compliance Litigator Litigation 45

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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Court Failure-to-appear Lawsuit Bankruptcy 98

Legal Tech Monitor

NOVEMBER 21, 2023

MK is a law firm employing real, licensed attorneys who appear in court before judges, represent clients, make legal arguments, and sign legal documents,” the judge wrote. “MK But DoNotPay — represented by real, not robot, lawyers — moved to dismiss the lawsuit, asserting that MillerKing lacked standing to sue it in federal court.

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Eric Goldman

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. 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. 22-15879 (9th Cir. Citing Sellers v.

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e-records Court Law Law 98

Debevoise Data Blog

JANUARY 21, 2021

In this post, we look back at the 2020 European data protection landscape and five trends that help companies understand not only where we are, but where data protection enforcement, litigation, and practice may be headed. DPAs face difficulties in making fines stick Regulators appeared to have a difficult time making penalties stick.

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Data protection Litigator Litigation Failure-to-appear 52

Legal Expert Connections

JUNE 27, 2024

When active, a “Message” button will appear near the top of your organization’s Page, enabling members to easily reach out for a variety of reasons. Prospective new clients who visit your law firm’s company page on LinkedIn will be able to click on a Message button and communicate directly with the Page.

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Law firm Workers Compensation Law Law 52

MatterSuite

DECEMBER 12, 2024

Failure can result in significant penalties, including fines, legal action, and loss of public trust. Failure to adhere to the security framework regarding data protection can lead to high fines and even court cases. In today’s world, industries rely heavily on data to inform decisions and drive innovation.

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Compliance Data protection Failure-to-appear Time-tracking 52

CloudNine

JUNE 6, 2024

” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings. .” ” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings.

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Lawyer Failure-to-appear Litigator Litigation 59

ELTA

NOVEMBER 27, 2022

14:25 – 14:45 Choosing the Focus – Innovation vs. Morly will share her experience developing a Reg-Tech solution – how to set the goals and how failures or success may change them. Eyal will explain how these systems work and how you can use Label Sleuth today to create AI models that would make your work much easier. industry clouds).

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Reg tech Legal tech Legal tech Failure-to-appear 52

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. I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. I vigorously disagree with both rulings, and I wonder if they will survive the inevitable appeals.

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Lawsuit Court Defendant Failure-to-appear 102

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. In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims.

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Client Intake Court Failure-to-appear Defendant 52

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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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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Legal Tech Monitor

OCTOBER 27, 2023

2d 531 (1988) – finding that a lawyer’s failure to report another lawyer’s conversion of settlement proceeds violated the duty to report specified attorney misconduct; In re Richard A. He was a gentleman when he appeared before the court,” Grogan said. “He Working with him has been for me a true joy,” ARDC Chair Timothy Bertschy said.

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Court Attorney Failure-to-appear Litigator 52

MatterSuite

AUGUST 1, 2023

With the complexities of caseloads, litigation processes, and regulatory requirements, it is crucial to adopt a systematic approach to calendaring. Ensuring that legal professionals are always aware of upcoming deadlines, court appearances, and other critical events. Deadlines in a single, easily accessible platform.

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Lawmatics

SEPTEMBER 13, 2023

Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits. Usually these types of claims are filed specifically for strategic reasons, and often even, dare we say— absurd. In other words, they can be a royal pain in the ….

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Lawsuit Defendant Judge Court 52

Legodesk

NOVEMBER 21, 2021

Legal practice data management is the process of organizing, storing, and retrieving data related to legal cases. This can include information on clients, cases, documents, and more. An effective legal practice data management system can help lawyers to work more efficiently and increase their win rate.

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Lawyer Document management Software Time-tracking 52

Legodesk

NOVEMBER 21, 2021

Legal practice data management is the process of organizing, storing, and retrieving data related to legal cases. This can include information on clients, cases, documents, and more. An effective legal practice data management system can help lawyers to work more efficiently and increase their win rate.

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Lawyer Document management Software Time-tracking 52

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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