
🎶 It was 20 years ago today…Sgt. Pepper taught the band to blog… 🎶 (Close enough: the actual anniversary was Saturday). On February 8, 2005, I started blogging here. 🎉🎉🎉 Over the past 20 years: this blog has published a…

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff. Romelus subsequently uploaded video footage of Romelus and…

I’m going to classify this ruling as a “big deal,” with the crucial caveat that Section 230 is still doomed and this ruling doesn’t reverse that. Given how judges have turned against Section 230, at this point any appellate ruling…

Here’s a twist. The plaintiff in this case, Jonathan Affleck, was the plaintiff in Martillo v. Twitter, but he sued then under a nom de plume. The court issues him a chastising warning against using unauthorized pseudonyms. In this case,…

This is a long-running litigation battle over Google’s advertising practices. In 2021, many individual advertiser claims were consolidated into an MDL in SDNY. Four years and 900+ docket entries later, the SNDY court holds that two plaintiffs’ claims must go…

This case involves two interrelated companies in the private jet industry. One entity (Nicholas Air) was the public brand. The other entity (Corr Flight) provided all of the staffing to the public brand. Employees from the staffing company posted negative…

I thought the legality of embedding was definitively resolved when the Ninth Circuit reaffirmed the “server test” in the Hunley v. Instagram case (note: the 9th Circuit has reaffirmed Hunley twice). Not so. Plaintiffs are still regularly bringing lawsuits over…

In 2024, Congress enacted, and President Biden signed, the Protecting Americans from Foreign Adversary Controlled Applications Act, which bans “foreign adversary” ownership of certain types of Internet services. The bill specifically bans Bytedance/TikTok by name. TikTok and its users challenged…

[A much longer post is forthcoming. A few initial remarks] [Update: the longer post is live, and it includes these remarks and 4,000 other words. I recommend you read that instead of this] The Supreme Court’s ruling will foster more…