Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

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lennyesq

JANUARY 13, 2025

Chloe Miracle-Rutledge | Georgetown University Law Center, U The US Supreme Court will hear oral arguments Wednesday in a landmark case involving a Tennessee law that prohibits gender-affirming healthcare for minors. United States v.

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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.

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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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Justia Legal Marketing & Technology blog

MARCH 4, 2025

” “A power of attorney allows your partner to handle your finances if youre unable to.” ” Checking for Ethical & Professional Standards: AI tools can highlight areas where claims might need supporting sources, ensuring compliance with legal ethics guidelines.

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Legal Tech Monitor

FEBRUARY 28, 2024

On Monday, the Supreme Court heard oral arguments in a case concerning laws passed in Florida and Texas over whether state governments are allowed to create rules to address social media companies’ alleged censorship of conservative viewpoints on their platforms.

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Above the Law - Technology

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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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. (You can avoid double taxation by creating a distinctive type of corporation called an S corporation , but this is available only in limited situations.) Should I Incorporate My Company in Delaware?

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Legal Talk Network

JULY 2, 2021

In the ABA Journal’s continuing series on the impact of Covid-19 on the legal profession, Asked & Answered host Stephanie Ward interviews law school dean Hari Osofsky about the shift to online learning and the future of legal education.

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Trellis.Law Blog

FEBRUARY 21, 2024

Last Friday, in a first-of-its-kind ruling, the Alabama Supreme Court held that embryos are considered people under Alabama state law. As such, those who destroy embryos could be held liable for wrongful death.

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Eric Goldman

MAY 17, 2024

A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. 301(a) , which preempts state laws “equivalent” to copyright. If a contract does that, it should not be enforceable as a matter of federal law. In 2022, in ML Genius v.

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Wisblawg

FEBRUARY 26, 2024

In Practical Law look for Quick Compare and in Practice Guidance it’s called the State Law Comparison Tool. Bloomberg Law also offers customizable State Law chart builders on many topics. that contain comparisons of state laws. that contain comparisons of state laws.

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Legal Tech Monitor

FEBRUARY 26, 2024

The high court is reviewing the constitutionality of GOP-backed laws in Florida and Texas to stop the perceived censorship of conservative views by the sites.

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Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

A plaintiff may raise both theories if state law and the facts of the case permit. Strict liability does not require any proof of carelessness, potentially making it easier for a plaintiff to prove liability. They would need to show only that a defect existed and that it caused their injury.

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Justia Legal Marketing & Technology blog

OCTOBER 13, 2023

While an executive agreement may not fall within the Supremacy Clause, it still may preempt state laws due to federal power over foreign affairs. If the President makes an international agreement without the approval of two-thirds of the Senate, this is considered an “executive agreement” instead of a treaty.

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Justia Legal Marketing & Technology blog

MAY 7, 2024

State law may require a driver to report an accident to the police if it caused injuries or extensive damage. Ideally, they should take photos of the accident scene and get the contact information of witnesses. Photos and witness testimony can become vital evidence in an eventual claim.

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Justia Legal Marketing & Technology blog

APRIL 23, 2024

A driver can refuse a chemical test , but they should know about implied consent laws. These provide that a driver automatically consents to chemical testing in certain situations defined by state law, such as a DUI arrest. Moreover, refusal will not necessarily prevent a DUI conviction.

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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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Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

The federal government has not yet enacted a comprehensive data privacy law, although various federal laws protect certain types of people or information. However, many federal and state laws allow Americans to stand up for themselves as well.

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Eric Goldman

MARCH 4, 2023

Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. Cites to Zeran v. AOL (the district court opinion!)

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Justia Legal Marketing & Technology blog

APRIL 5, 2023

They also should be aware of their obligations under state laws for business taxes. If they operate in more than one state, they may need to pay taxes in each state. Tax Debts Falling behind on taxes can be unnerving for many taxpayers.

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Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Work-Related Requirement To get workers’ compensation benefits, a worker must be an employee rather than an independent contractor, and they must not work in a profession that is exempt under state law. Certain agricultural and domestic workers may be exempt, for example.)

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Workers Compensation Law Law Time-tracking 244

Eric Goldman

FEBRUARY 12, 2025

Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v. (Spoiler: Not Well) * Another Section 512(f) Case FailsISE v. Longarzo * Another 512(f) Case FailsHandshoe v.

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Justia Legal Marketing & Technology blog

JUNE 29, 2023

State laws may provide additional protections to people with disabilities in both employment and housing.) It also requires an employer to provide a reasonable accommodation for a disability unless this would cause an undue hardship. Disability discrimination also may arise in the area of housing.

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Legal Talk Network

NOVEMBER 3, 2020

On Legal Talk Today , Ohio State Law Prof. Foley, author of “ Presidential Elections and Majority Rule ” and “ Ballot Battles: The History of Disputed Elections in the United States ,” walks listeners through the history of contested elections and possibilities stemming from Election 2020. Wait, is there an election this week?

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Legal Talk Network

NOVEMBER 19, 2020

In another Legal Talk Today episode, Colletti speaks with Ohio State Law Professor Douglas Berman about the states voting for marijuana legalization. Is it time for the feds to step up and join the states? To keep up with timely insights on the law, legal innovation, and law practice, visit Legal Talk Network.

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Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. Here, the court took a slightly different approach to this problem compared to what I have seen in the past.

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Justia Legal Marketing & Technology blog

FEBRUARY 22, 2023

These allow student athletes to engage in NIL activities to the extent that this complies with state laws , as well as NCAA rules and any restrictions imposed by their conference or school. Less than two years ago, the National Collegiate Athletic Association (NCAA) created new rules in this area.

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LLRX

OCTOBER 29, 2024

The Department of Justice may be on the verge of seeking a break-up of Google in a bid to make it less dominant. ,,,,,strong>Renaud Foucart explains that if the government goes ahead and is successful in the courts, it could mean the company being split into separate entities – a search engine, an advertising company, a video website, a mapping app (..)

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Legal Expert Connections

JANUARY 30, 2025

The article should not be used as a substitute for legal advice from a licensed attorney in your state. Every situation is different and circumstances vary widely depending on the governing state law, policy provisions, and related considerations.

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lennyesq

SEPTEMBER 1, 2024

Ottawa Faculty of Law, CA Six major book publishers Friday sued the Florida Department of Education, challenging a 2023 state law used to restrict books in school libraries. The six book publishers filed the lawsuit along with the Authors Guild, several prominent authors, two students and two parents.

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Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Legal Talk Network

FEBRUARY 7, 2019

To hear our audio coverage from Inspire.Legal, please tune in to our embedded players and list of interviewees below: Interviewees from our Inspire.Legal Coverage (in alphabetical order): Ralph Baxter – Intapp Board Member and CodeX Fellow Christian Lang – Head of Strategy at Reynen Court LLC Dan Linna – Visiting Professor of Law (..)

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LawSites

AUGUST 17, 2021

Osofsky took office as dean of Northwestern University’s Pritzker School of Law , after four years as dean of Penn State Law School and nearly two decades of teaching law. 1, Hari M.

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Kevin O'Keefe

JANUARY 25, 2023

I imagined I was an Iowa lawyer looking to develop a niche in agricultural law. I asked “What are good ideas for a niche legal blog on agriculture law in Iowa?” Overviews of Iowa’s state laws and regulations related to farming and agriculture, including those pertaining to zoning, land use, and conservation.

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lennyesq

AUGUST 4, 2024

“To date, schools have been advised by legal counsel (School Board Association and State Attorney General) to not follow the guidance because it goes against current Oklahoma State Law,” said Lee Northcutt, superintendent of Caddo Public Schools, in an email. Read more…

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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.

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