Eric Goldman

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess.

Court 116

Court Defendant Lawsuit State law 116

Eric Goldman

MARCH 4, 2023

Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. Implications In the ARK case, I wrote: “Section 230 as a basis for removal isn’t a new issue; Cisneros is directly on point and from 2005; but the question has not been litigated frequently.

State law 97

State law Court Defendant Lawsuit 97

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. Employment law, for example, where an employee suffers discrimination.

Litigator 52

Litigator Litigation Dispute resolution Criminal trial 52

LawSites

APRIL 27, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

Practice management 98

Practice management e-records Case management State law 98

Eric Goldman

NOVEMBER 2, 2023

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Even pro se litigants typically recognize these cases are doomed and rarely file them any more. Nextdoor appeared first on Technology & Marketing Law Blog. ” The court cites Force v.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

NOVEMBER 27, 2024

Eventually, both state legislatures and Congress banned the practice. The flagship law in this area is the Consumer Review Fairness Act, enacted by Congress in 2016. My primer on that law. California enacted a similar law, Civil Code 1670.8, California enacted a similar law, Civil Code 1670.8, Amazon.com, Inc.

Defendant 78

Defendant Law Law Court 78

Eric Goldman

JULY 18, 2023

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Court 98

Court Litigator Litigation Case law 98

Legal Expert Connections

AUGUST 21, 2023

Law firm revenue and profitability for business law firms can erode over time eroding through normal attrition if the managing partner and other lawyers in leadership roles are not focused on a proactive law firm business development program. This is particularly true for small to mid-sized law firms.

Law firm 52

Law firm Law Law Litigator 52

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. Create Music Group, Inc.,

State law 75

State law Court Litigator Litigation 75

Eric Goldman

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Federici * Biosafe-One v.

Time-tracking 106

Time-tracking Court Defendant Case predictions 106

Eric Goldman

FEBRUARY 7, 2024

Since we affirm the district court’s rulings on the state law claims, we need not resolve the federal law cross appeal.” Letgo appeared first on Technology & Marketing Law Blog. On appeal, the Tenth Circuit affirms the dismissal–without relying on Section 230. Negligence. Letgo, Inc.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

Eric Goldman

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

Court 106

Court Failure-to-appear Lawsuit State law 106

Eric Goldman

SEPTEMBER 26, 2024

Instagram appeared first on Technology & Marketing Law Blog. It would have been easy to save the list at the end of each day. You can essentially hear Judge Alsup’s teeth gnashing in the opinion. 23, 2024) The post Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v.

Court 111

Court Judge Defendant Hearing 111

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. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. A second California lawsuit, Lee v.

Court 52

Court Lawyer Lawsuit Failure-to-appear 52

Legal Expert Connections

DECEMBER 1, 2018

District Judge forced a law firm to reveal its referral fee arrangement in a recent prominent case, many legal experts are suggesting the industry may be at a tipping point where class action firms could be required to more fully disclose the distribution of their fees. After one U.S. Upon this discovery, a U.S. Legal Expert Connections, Inc.

Law 52

Law Law Law firm Legal advice 52

Eric Goldman

FEBRUARY 16, 2025

Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws.

Defendant 59

Defendant Court Litigator Litigation 59

Eric Goldman

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

Court 112

Court State law Litigator Litigation 112

Martindale-Avvo

OCTOBER 29, 2024

Most critically, relationship contracts (where used to define respective roles of each party and not deal with purely financial or property matters) are not legally enforceable, whereas prenuptial agreements, provided they meet required criteria usually established by state law, are legally binding contracts which can be enforced by a court.

Attorney 64

Attorney Court State law Litigator 64

Eric Goldman

FEBRUARY 12, 2025

Given that they are litigating 512(f), your wish was partially granted. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v.

Court 59

Court State law Litigator Litigation 59

Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

Court 98

Court Software Litigator Litigation 98

Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. But the content that they’re trying to protect isn’t theirs—it belongs to their users. It’s user-generated content.

Intellectual Property 98

Intellectual Property Court Litigator Litigation 98

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Judge 98

Judge Court Defendant State law 98

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D. Link to District Circuit Decision

Court 52

Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D. Link to District Circuit Decision

Court 52

Court e-discovery Defendant e-records 52

Eric Goldman

NOVEMBER 30, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Weiner * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Defendant 75

Defendant Court State law Lawsuit 75

Debevoise Data Blog

DECEMBER 15, 2021

On December 16, 2021, Anna Gressel and Avi Gesser from our Data Strategy and Security Group were joined by Maeve O’Connor and Jyotin Hamid of our Commercial Litigation Group for a special installment of our Data Security Webcast on artificial intelligence (AI) and cybersecurity whistleblowers.

Litigator 40

Litigator Litigation Compliance State law 40

Debevoise Data Blog

OCTOBER 18, 2021

And what’s a company to do right now, with facial recognition opportunities presenting themselves today while the law remains a moving target? In this Part 1, we lay out the current laws governing facial recognition in the United States. The Patchwork of Current Facial Recognition Privacy Laws A.

Law 52

Law Law Court Time-tracking 52

LawSites

JUNE 27, 2023

When LexisNexis launched its Lexis+ premium legal research service in 2020, the service included Brief Analysis, its answer to a line of products pioneered by legal research company Casetext with its CARA brief analysis tool and followed by companies such as Thomson Reuters and Bloomberg Law.

Lawyer 80

Lawyer Legal research Attorney State law 80

Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Some people also may find it a hassle to comply with the strict requirements under state law for starting and operating a corporation. For example, anti-discrimination laws forbid firing an employee because they have a certain protected characteristic, such as a particular race, national origin, gender, or religion.

Mediator 53

Mediator Workers Compensation Due diligence Court 53

Wisblawg

JANUARY 16, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. Unpacking State Legislative Vetoes Univ. In reaching these rulings, states courts have based their holdings on a wide array of provisions of their state constitutions.

Prosecutor 40

Prosecutor Law Law Court 40

LawNext podcast

APRIL 26, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

Practice management 40

Practice management e-records Case management State law 40

Eric Goldman

FEBRUARY 21, 2025

The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. ” PREACH!

Intellectual Property 40

Intellectual Property Court Hearing State law 40

Berkley Technology Law Journal

JULY 9, 2022

[Sonali Khanna] 0:12 You’re listening to the Berkeley Technology Law Journal Podcast. To give us a taste of these developments, our guest for today is Professor Molly Van Houweling, a clinical professor at UC Berkeley School of Law, a legal scholar, and an American cyclist. I’m Sonali Khanna. And we’ll start with the basics.

Intellectual Property 52

Intellectual Property Law Law Court 52

Legal Tech Monitor

JUNE 27, 2023

When LexisNexis launched its Lexis+ premium legal research service in 2020, the service included Brief Analysis, its answer to a line of products pioneered by legal research company Casetext with its CARA brief analysis tool and followed by companies such as Thomson Reuters and Bloomberg Law.

Lawyer 52

Lawyer Legal research Attorney State law 52

Joshua Gilliland

JANUARY 12, 2016

Effectively summarizing the work product doctrine, for a document to be protected, it must: “1) be ‘prepared in anticipation of litigation or for trial’ and (2) be prepared “by or for another party or by or for that other party’s representative.” Cedar Grove, at *18. Cedar Grove, at *20, footnote 4, emphasis added.

Defendant 52

Defendant Judge Court Legal advice 52

Debevoise Data Blog

OCTOBER 26, 2021

This is Part 2 in a two-part series of articles about facial recognition laws in the United States. In this part, we assess where the law seems to be heading and offer some practical risk reduction strategies. Federal and State Legislation There is currently no federal law that specifically regulates biometric privacy.

Compliance 52

Compliance Federal law Data protection Machine learning 52

Eric Goldman

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Kilgore , 2024 WL 5295080 (W.D.

Court 40

Court Judge Defendant Case predictions 40