A Federal Anti-SLAPP Law Would Make CDA 230 More Effective

This article was published originally on Techdirt.com, and was co-authored with Evan Mascagni, the Policy Director at the Public Participation Project. Re-published with the permission of Techdirt. Collateral Censorship and Section 230 of the Communications Decency Act Lawsuits against institutions that transmit speech, such as newspapers and blogs, impose costs that those institutions act to avoid—if necessary, by preemptively censoring any third-party speech that increases their exposure to legal liability. The purpose of Section 230 of Continue Reading →

Shining a Light on the New Solar Tariffs

On January 22nd, 2018 President Donald Trump authorized tariffs on solar cell and module imports beginning at 30 percent and gradually reducing to 15 percent over four years. These tariffs took effect on February 7th. The United States solar industry including its lead trade group, the Solar Energy Industries Association, and senators on both sides of the aisle fervently fought against the decision due to the impact on jobs and the potential for retaliation. The Continue Reading →

Peer Review and Daubert: The Uncertain Science of Evaluating Scientific Certainty

Peer review is the bedrock of scientific publication and is used by courts to determine the evidentiary reliability of a proffered expert witness. Should peer review play such a role, and if so, how much weight should it be given? I.       Daubert: Judges as Gatekeepers Daubert v. Merrell Dow Pharmaceuticals[1] established the role of federal judges as “gatekeepers” of scientific evidence, preventing “junk science” from being presented to a jury. Rather than the Frye test, Continue Reading →

STLR Link Roundup – February 2, 2018

Artificial Intelligence Case Briefing Software to Assist Litigators in Writing Briefs Just before the start of Legalweek New York excitement erupted when ROSS Intelligence CEO Andrew Arruda hyped the announcement of ROSS’s new product EVA. EVA uses artificial intelligence to assist litigators in writing briefs by streamlining the process of case law research by finding details relevant to new cases. The goal is to make case research, citations, and studies as easy as possible. Currently, Continue Reading →

Automated Notices for Copyright Infringement: Pitfalls and Remedies

Background of Notice and Takedown Since the birth of the internet, online service providers (OSPs) have butted heads with copyright holders over whether OSPs should be responsible for copyright-infringing material posted by their users. Should Google be liable for infringement when it provides links to websites that post photographs without a copyright license?[1] Should YouTube owe damages for hosting a video that plays a song or shows a clip from a movie protected by copyright?[2] Continue Reading →

Supreme Court Upholds Patent Office’s Method Of Claim Construction

The 2011 Leahy-Smith America Invents Act (“AIA”) created a procedure called inter partes review (“IPR”) at the United States Patent Office (“PTO”) that allowed third parties to petition the PTO to reexamine previously issued patents to re-evaluate their patentability in light of prior art.1 The Act also granted the PTO the authority to issue “regulations . . . establishing and governing inter partes review.”2 Accordingly, the PTO issued a regulation stipulating that during IPR, a Continue Reading →

Interpreting the AIA’s “Otherwise Available to the Public”

The enactment of the Leahy-Smith America Invents Act (“AIA”), which President Obama signed into law on September 16, 2011, marked the most significant change to United States patent law since the Patent Act of 1952. While it is undisputed that the AIA’s enactment produces some dramatic changes to the patent system, there has been a great deal of debate over which elements of the previous regime the AIA leaves undisturbed and intact. A prime example Continue Reading →

Ninth Circuit Panel Throttles FTC Enforcement

The Federal Trade Commission (FTC) recently filed a petition to appeal a Ninth Circuit decision that exempts telecom giant AT&T from enforcement action by the agency. The litigation dates back to October 2014, when divisions of the FTC’s Bureau of Consumer Protection brought an action against AT&T for its undisclosed speed throttling of “unlimited” data plan subscribers. AT&T landed a major blow in August 2016 when a Ninth Circuit panel determined that the FTC Act Continue Reading →

If You’re Going to Delete All My Facebook Posts, Then You Might As Well Do It Right

Judicial benchslap stories are juicy legal fodder, and this story was no different. Recently, the legal community eagerly gossiped about a federal judge that lashed out against a well-known New York law firm. The offense? Judge Nicholas Garaufis of the Eastern District of New York was infuriated that the firm had sent a mere junior associate instead of a partner to a hearing on two cases that “implicate[] international terrorism and the murder of innocent people Continue Reading →

STLR Link Roundup – Feb. 6, 2016

Privacy Shield Data Transfer Agreement On February 2nd Officials from the United States and European Union agreed to a cross-Atlantic data transfer deal called Privacy Shield after three months of negotiations. The negotiations centered around disagreements between European and American regulators on the extent of privacy individuals should be able to expect for their data. The EU and US reached the agreement after the US government made promises that it would not target Europeans to Continue Reading →