20 Dec, 2024 Update on Heckman v. Live Nation: District Court Enforces Mass Arbitration Terms By Caren Decter Peter Devlin We recently wrote about the Ninth Circuit’s decision in Heckman v. Live Nation Entertainment, Inc., No. 23-55770, 120 F. 4th 670 (9th...
26 Nov, 2024 Ninth Circuit Finds Ticketmaster’s Mass Arbitration Provisions Unconscionable and Unenforceable By Caren Decter Peter Devlin Recently, the Ninth Circuit struck down Ticketmaster’s mass arbitration provisions—holding that they are unconscionable, and thus...
17 Jul, 2024 Are Users Bound By Updated Arbitration Agreements? The Southern District of New York Weighs In By Caren Decter Peter Devlin For years, companies have opted to include mandatory arbitration provisions and class action waivers in their website terms of service to...
27 Jun, 2024 Time to Face the Music? Major Record Labels Sue AI Companies over Sound Recordings Allegedly Used in Training Data By Zach Lewis Last year, when a “fake Drake” song created using artificial intelligence made major headlines, we questioned whether generative AI would...
18 Jun, 2024 What the Mass Arbitration Trend Means for Your Business and Online Agreements By Zach Lewis Caren Decter Courts are paying significant attention to the enforceability of online terms of service, including the mandatory arbitration agreements...
13 May, 2024 BLOCKBUSTER RULING: Federal Court Holds That Copyright Act Preempts X's Web Scraping Claims By Jeremy Goldman In a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought...
22 Mar, 2024 California Court Rejects Latest CIPA Shakedown Tactic Based On "Pen Register" and "Trap and Trace" Statute By Jeremy Goldman A California judge recently provided a ray of hope for website operators worldwide battling the latest surge of plaintiffs’ claims...
16 May, 2023 "YOU get a lawsuit!" Oprah Drops Oprahdemics Infringement Suit Against Fan Podcast By Amanda Barkin Last week, multimedia production company founded by Oprah Winfrey dropped its trademark action against podcast f/k/a Oprahdemics. The...
26 Jan, 2023 Cereal-sly? Trademark Fight Erupts Between Cereal Giant and Indie Rock Band By Amanda Barkin An unlikely trademark battle has begun between indie rock band OK Go and breakfast cereal giant Post Foods, LLC. The subject of the...
20 Jul, 2022 Service of process via NFT airdrop? So cool! But I have questions… By Jeremy Goldman I’ve now seen two instances of courts authorizing service of legal process though the delivery—or “airdropping”—of non-fungible tokens...
23 Feb, 2022 Are NBA Top Shot Moments Securities? Legal Arguments Take Shape in Class Action Against Dapper Labs That Could Rock the World of NFTs By Jeremy Goldman TLDR: In a putative class action lawsuit against Dapper Labs alleging that NBA Top Shot Moments are unregistered securities, the parties...
18 Nov, 2021 NFTs x Entertainment Litigation: Miramax Sues Quentin Tarantino Over Pulp Fiction NFT Drop By Jeremy Goldman Update: On December 9, 2021, Quentin Tarantino answered the complaint, with a scathing introduction that brandishes Miramax as "a shell...
04 Aug, 2021 Embedding Images May Be Copyright Infringement After All By Craig Whitney Another bombshell has dropped. Is change coming? For over a decade, it was generally considered safe to include an image or a video on...
09 Jul, 2021 It’s My Party And I’ll Sue You If I Want To: The Reagan Foundation Sues Over Use Of Marks On Trump-Supporting Website By Glenda Dieuveille Over the last year, journalists have written about the Republican party’s “identity crisis”—should Republicans walk away from Donald...
13 Mar, 2021 NY's new anti-SLAPP law seems to be crushing it, with courts striking libel suits left and right By Jeremy Goldman In November 2020, I blogged about New York's passage of an updated anti-SLAPP statute that provides powerful protections to defendants...
20 Dec, 2020 Dr. Seuss/Star Trek Mash-Up Not Fair Use, Ninth Circuit Rules By Jeremy Goldman Oh, the Places You’ll Boldly Go! Or not. On December 18, 2020, the U.S. Court of Appeals for the Ninth Circuit held that an unpublished...