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 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.

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Court State law Litigator Litigation 59

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.

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Defendant Court Litigator Litigation 59

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. Discovery is the process by which parties exchange information and evidence.

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Litigator Litigation Dispute resolution Criminal trial 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.

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Practice management e-records Case management State law 98

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

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

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

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 Litigator Litigation 75

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 Litigator Litigation Case law 98

Eric Goldman

SEPTEMBER 15, 2024

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. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v.

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Time-tracking Court Defendant Case predictions 105

Eric Goldman

APRIL 29, 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. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v.

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Court Failure-to-appear Lawsuit State law 105

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

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.” That was an obviously problematic conclusion. Nevertheless, the Tenth Circuit dodges it: “We need not reach this issue.

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Lawsuit Machine learning Court Defendant 111

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.

Intellectual Property 40

Intellectual Property Court Hearing 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

APRIL 1, 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. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v.

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Court State law Litigator Litigation 111

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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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

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Court e-discovery Defendant e-records 52

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 Litigator Litigation 98

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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Litigator Litigation Compliance State law 40

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 Litigator 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. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v.

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Defendant Court State law Lawsuit 75

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.

Intellectual Property 98

Intellectual Property Court Litigator Litigation 98

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.

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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.

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Practice management e-records Case management State law 40

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

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

Debevoise Data Blog

JANUARY 13, 2025

But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectual property rights.

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Litigator Litigation Intellectual Property Defendant 52

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

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 26, 2021

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses. Has the company obtained those individuals’ consent?

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Compliance Federal law Data protection Machine learning 52

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).

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Law Law Court Time-tracking 52