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6 Oct 2021, 5:26 am by Andrew Lavoott Bluestone
“Whether a plaintiff can ultimately establish its allegations is not part of the calculus in determining a motion to dismiss” (EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 [2005]; see Carlson v American Intl. [read post]
23 Sep 2021, 5:42 pm by Howard Bashman
And at his “Technology & Marketing Law Blog,” Eric Goldman has a post titled “Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims — Hepp v. [read post]
27 Aug 2021, 9:48 am by John Jascob
On remand, the district court should consider all record evidence relevant to the impact (or lack thereof) of Goldman’s statements on its stock price (Arkansas Teacher Retirement System v. [read post]
18 Aug 2021, 7:04 am by Eric Goldman
Prior CCPA/CPRA Posts * CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud * A Roundup of CCPA Court Decisions (I Only Know of 7) * CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. [read post]
16 Aug 2021, 8:05 am by Eric Goldman
Aug. 12, 2021) Prior CCPA/CPRA Posts * A Roundup of CCPA Court Decisions (I Only Know of 7) * CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. [read post]
13 Aug 2021, 7:41 am by John Jascob
Both parties have submitted supplemental briefing ordered by the Second Circuit in light of the Supreme Court’s opinion, although the appellate court has not yet granted additional oral argument in the case (Arkansas Teacher Retirement System v. [read post]
11 Aug 2021, 11:41 am by Jeffrey Neuburger
  The court ruled that the plaintiff-photographer plausibly alleged that the defendants’ “embed” may constitute copyright infringement and violate his display right in the copyrighted video, rejecting the defendants’ argument that embedding is not a “display” when the image at issue remains on a third-party’s server (Nicklen v. [read post]
2 Aug 2021, 9:28 am by Aaron Moss
With his decision, Rakoff became the second SDNY judge to reject the server test, joining a view shared by then-judge Katherine Forrest in 2018’s Goldman v. [read post]
15 Jul 2021, 2:54 pm by Kevin LaCroix
In its June 21, 2021 decision in Goldman Sachs Group, Inc. v. [read post]