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.

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Court State law Litigation Litigator 59

Martindale-Avvo

APRIL 30, 2025

To understand how the law applies to client situations, an attorney should review the details of data collection technology. Many state laws come into effect or have significant legislative milestones coming up in 2025. Note the dates.

Law 52

Law Law Federal law Data protection 52

Debevoise Data Blog

SEPTEMBER 30, 2021

What is less known is that many of these states also impose substantive cybersecurity requirements. In this Debevoise Data Blog post, we examine the general cybersecurity obligations under state law, including common themes and recent developments. Emerging Themes of State Law Cybersecurity Requirements Taking all these U.S.

State law 52

State law Law Law Compliance 52

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.

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State law Court Defendant Lawsuit 97

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. I will have a more complete analysis of the cases soon.

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Court Defendant Lawsuit State law 115

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

FEBRUARY 1, 2024

Power Ventures for the proposition that de minimis losses can state a 502 claim…belated kudos to Facebook’s litigation team for setting key Facebook-favorable precedent ] Facebook also challenged that it made sufficient “use” of the data. This sounds like the recipe for an infinite litigation machine.

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Time-tracking Judge Law Law 119

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. ” The court cites Force v. Facebook , but it could have cited to any of literally hundreds of cases.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. ML Genius v. This leaves us with a rather deep split of authorities.

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Court Litigation Litigator Case law 98

Eric Goldman

SEPTEMBER 26, 2024

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.

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Court Judge Defendant Hearing 111

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.

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Court Software Litigation Litigator 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

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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

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Court e-discovery Defendant e-records 52

Eric Goldman

FEBRUARY 21, 2025

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. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v.

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Intellectual Property Court Hearing State law 40

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.

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Litigation Litigator Compliance State law 40

Eric Goldman

MARCH 22, 2025

Laura Heymann (William & Mary Law) Jeffrey Hunt Angie Jin Josh King Jonathan Klinger Prof. Stacey Lantagne (now of Western New England Law) Prof. Christa Laser (Cleveland State Law) Prof. Yassine Lefouili (Toulouse School of Economics) David Levine (Elon Law) Yoram Lichtenstein Prof. Jeff Kosseff (U.S.

Law 52

Law Law Intellectual Property Failure-to-appear 52

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 regardless of what you and I think about this legal regime, that is the current state of the law.

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Intellectual Property Court Litigation Litigator 98

Legal Expert Connections

AUGUST 21, 2023

Law firms with a low profile are losing visibility. Existing litigation panels are being consolidated and law firms are being removed to achieve a more manageable panel level. Regional law firms are gaining favor. Even good firms can be cut when hard business decisions need to be made.

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Law firm Law Law Litigation 52

Debevoise Data Blog

DECEMBER 1, 2021

Information Privacy Law. With a thorough discussion of the nuances related to advertising and tracking, this section also covers the new privacy laws impacting the industry, including updates stemming from the CCPA, the Virginia Consumer Data Protection Act (VCDPA), and the Colorado Privacy Act.

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Law Law Data protection Litigation 52

3 Geeks and a Law Blog

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

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Legal research Legal tech Legal tech Hearing 189

Legal Tech Monitor

NOVEMBER 21, 2023

In March, the Illinois law firm, MillerKing brought the putative class action against DoNotPay on behalf of “all law firms in the United States,” alleging false association and false advertising under the federal Lanham Act and Illinois state law.

Court 52

Court Lawyer Lawsuit Failure-to-appear 52

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

LawSites

JUNE 27, 2023

Last year, LexisNexis expanded that to add Judicial Brief Analysis , a tool that enabled users to analyze up to six briefs at a time and receive a report comparing all case law, arguments, citations and quotes. The document analysis tab shows alternative clauses relevant to those within the source document.

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Lawyer Legal research Attorney State law 80

Legal Expert Connections

DECEMBER 1, 2018

This practice of sharing lodestar hours is used by class action lawyers to split the cost of litigation, but it is also criticized by legal experts as a method of covering up anti-competitive practices. Law Firm Business Development and Marketing Consultant If your law firm is asking how you can get more business, give us a call.

Law 52

Law Law Law firm Legal advice 52

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. But normative judgments aside, ProCD v.

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Judge Court Defendant State law 98

Debevoise Data Blog

APRIL 16, 2024

But the risks of irresponsible adoption of GenAI customer service chatbots, including increased litigation and reputational risk, could eclipse their promise. Proponents of this technology argue companies can achieve better customer satisfaction while reducing costs of human-supported customer service.

Court 52

Court Litigation Litigator State law 52

Legal Tech Monitor

JUNE 27, 2023

Last year, LexisNexis expanded that to add Judicial Brief Analysis , a tool that enabled users to analyze up to six briefs at a time and receive a report comparing all case law, arguments, citations and quotes. The document analysis tab shows alternative clauses relevant to those within the source document.

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.

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Defendant Judge Court Legal advice 52

Wisblawg

JANUARY 16, 2024

Evaluating the significance, legality, and desirability of legislative vetoes must start with an understanding of the existing legal landscape, including the wide array of state law provisions and court decisions across the country. In other states, direct litigation over the mechanism seems not to have occurred.

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Prosecutor Law Law Court 40

Debevoise Data Blog

OCTOBER 18, 2021

State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy. 2019 IL 123186, 129 N.E.3d million settlement. May 15, 2020).

Law 52

Law Law Court Time-tracking 52

Berkley Technology Law Journal

JULY 9, 2022

And I think they could certainly be protected under both copyright, to which we typically turn to protect works of art, and also state law rights of publicity, to which we typically turn to protect people’s names, images, and likenesses. [Professor Molly Van Houweling] [11:11] Yeah, it’s a really thought-provoking question.

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Intellectual Property Law Law Court 130

Legal Tech Monitor

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

Legal research 52

Legal research Legal tech Legal tech Hearing 52

Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

To be valid, a will usually must be in writing, created by a testator with legal capacity to make a will, and signed by the testator and witnesses in accordance with state law. Justia provides a 50-state survey on requirements for wills.) How Do You Prove the Validity of a Will? How Are Assets Distributed if There Is No Will?

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Law Law Court State law 279

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Court Litigation Litigator Defendant 123

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.

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Attorney Court State law Litigation 64

Martindale-Avvo

FEBRUARY 14, 2024

Well, a prenup is somewhat like an insurance policy to hopefully protect marrying parties from protracted, expensive and emotional litigation if for some reason the marriage does not work out. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients.

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Attorney Divorce lawyer Law Law 111

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.,

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State law Court Litigation Litigator 75