Frequency of Courts' References to Emojis and Emoticons Over Time

Frequency of Courts’ References to Emojis and Emoticons Over Time

[This is another excerpt from my Emojis and the Law paper.] In preparing the article, I gathered a dataset of all cases I could find in Westlaw and Lexis containing the word “emoticon” or “emoji.” This dataset is subject to…

How a Chipmunk Emoji Cost an Israeli Texter $2,200

How a Chipmunk Emoji Cost an Israeli Texter $2,200

by Gabriella Ziccarelli and Eric Goldman [Eric’s introduction: Gabriella is a star SCU Law alum and an associate at Blank Rome in DC. She is also a former Internet Law student of mine. As a teacher, it’s gratifying to have a former student…

Revisiting the Discoverability of Facebook Account Activity–Gordon v. TGR

The facts of this case are fairly typical. The plaintiff was hit by a truck. She sued the truck company and driver. In discovery, the defendants requested that she “download and produce an electronic copy of your Facebook account history”…

New Draft Paper on Emojis and the Law

New Draft Paper on Emojis and the Law

I have posted a draft article, entitled Surveying the Law of Emojis, to SSRN. I will be posting excerpts from the article here over the next few weeks. I would gratefully appreciate your comments on the draft. I am also…

Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary--D Magazine v. Rosenthal

Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary–D Magazine v. Rosenthal

This is an interesting opinion from the Texas Supreme Court on citing Wikipedia as a dictionary. The underlying case involves an article in D Magazine titled “The Park Cities Welfare Queen.” The article purports to show that the plaintiff, Rosenthal,…

How Will Courts Handle A “Poor Man’s Copyright”?

I recently came across a complaint (in Vernon v. CBS) referencing a “poor man’s copyright,” and I couldn’t recall seeing the term in a legal filing or document before. This made me curious about whether any courts had discussed the…

Federal Court Rejects Online Gambling Lawsuit Against Valve--McLeod v. Valve

Federal Court Rejects Online Gambling Lawsuit Against Valve–McLeod v. Valve

This lawsuit alleged that Valve “allowed an illegal online gambling market” based on its videogame Counter Strike Global Offensive (CSGO) and its Steam platform, an online marketplace where players can buy and sell virtual items and make payments. This lawsuit…

Federal Court Authorizes Service of Process via Twitter

Federal Court Authorizes Service of Process via Twitter

Federal courts have long authorized service via email under Rule 4(f) for foreign defendants. The rule says that an individual in a foreign country can be served by (1) internationally agreed upon means such as the Hague Convention; (2) if…

Trade Secret Owner Penalized For ‘Specious’ Misappropriation Lawsuit–BTS v. Exclusive Perspectives

As you know, I’ve expressed many concerns about the new ex parte seizure provisions in the Defend Trade Secrets Act (DTSA). To support the ex parte seizure provision, DTSA proponents sometimes argued that legitimate trade secret owners and their lawyers…