The Duty Comes From the Data: Rethinking Platform Liability in the Age of Algorithmic Harm
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- 2025-07-06 11:21 event
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The holiday was lovely, thank you. A couple of degrees hotter than the UK, but with a) the sea 45 seconds from my bed, and b) air conditioned rooms. But it left quite a lot to catch up on of previous backlog and ‘while away’ things – so, a first instalment of some quick post holiday notes. MHCLG have opened a consultation “Strengthening leaseholder protections over charges and services: consultation“, on proposals for regulations bringing into force the Leasehold and Freehold Reform Act 2024 changes for England and Wales on service charges and litigation costs. It is wide ranging and all good stuff. MHCLG have also opened a “Consultation on a reformed Decent Homes Standard for social and privately rented homes“. In the future, for social landlords, this will be enforceable by the Social Housing Regulator, and for private landlords by local authorities. It will not be directly enforceable by tenants. The main proposed changes are:…
Bindmans Role: Solicitor – Housing and Building Defects Start Date: Immediate We are an award-winning multidisciplinary law firm with an exceptional track record offering a wide range of specialist legal services to our clients, from medium-sized businesses and NGOs to public figures and private individuals. Ranked as a top-tier firm by the legal directories, some of the most brilliant lawyers in the country work at Bindmans. KEY RESPONSIBILITIES We are pleased to announce a vacancy for a Solicitor able to manage a caseload in traditional tenant housing (possession, disrepair, homelessness) and who has the capability and interest to work on building defects cases. The successful candidate should be 0 – 5 years PQE; more experienced candidates also considered. Bindmans has offered the full range of housing advice to tenants for 50…
[It is time, I suggest, to give what-about-ism a well-deserved burial.] Co-blogger Josh Blackman here acknowledges that he hasn't been following the legal developments in the TikTok case too closely, and that his reaction to the Attorney General's claim that the President had "nullified the legal effects of a statute passed by large bipartisan majorities in 2024" is "schaudenfreude." For more than a decade, I've written about how the Obama Administration nullified the Affordable Care Act's mandates, as well as immigration law through policies like DAPA and DACA. I'm sure smart lawyers can draw distinctions between the Obama orders and Trump's orders. But I'm not sure those distinctions matter. President Obama found ways to disregard laws he didn't like through hyper-creative means, but since those laws accomplished "positive" goals, everyone looked the other way. I haven't followed the developments too…
How Skeels v. Friedman, Suder & Cooke, P.C. Could Impact LLC Shares in a Texas Divorce Introduction Divorce in Texas, a community property state, involves equitably dividing marital assets, including ownership interests in closely held businesses like limited liability companies (LLCs). LLC shares, often significant marital assets, pose unique challenges due to their restricted transferability, lack of a public market, and complex valuation processes. The 2025 Texas Court of Appeals case Skeels v. Friedman, Suder & Cooke, P.C. addresses share redemption and transfer in a professional corporation, offering legal principles that could influence how LLC shares are handled in divorce proceedings. This article explores the implications of Skeels for LLC share valuation and division in Texas divorces, focusing on redemption, transfer restrictions, and valuation methodologies. Overview of Skeels v. Friedman, Suder & Cooke, P.C. The Skeels case involved a dispute between…
Introduction At some point in the introductory class in contract law, students are likely to encounter a very powerful idea--the distinction between "default rules" and "mandatory rules." The basic distinction is easy to grasp. Some rules of contract law supply default terms that are subject to contractual override; other rules of contract law are mandatory--they can't be modified by the contract. Lurking in the background of this distinction is a theoretical construct--the complete contract, an idealized contract that would include explicit terms covering every possible contingency. Once you understand the distinction between default rules and mandatory rules, additional questions arise: as a matter of normative contract theory, which rules should be default rules and which rules should be mandatory? And what normative principles should guide the design of default rules? As always, this post in the "Legal Theory…
An Unequivocal Recommendation for Weiland Button Attorneys from Weiland Button have handled all manner of cases, both traffic and criminal. We’ve helped countless clients avoid the worst that could happen and we do it again every single day. This is just a part of being the premier law firm in Virginia. But with that, we’re always thrilled to hear from a client that our work on their behalf has far surpassed any expectations they had of an attorney. A recent review on our Google listing says this better than we ever could. To quote our client, “I also can’t begin to express the amount of gratitude I have” and there was more they felt we did to show we truly cared. If you would like to work with a law firm that goes beyond what the other firms offer to see you satisfied, give Weiland Button a call today at (804) 355-8037 for a free consultation. Weiland Button, PLC is a leading Virginia Traffic Law Firm Call (804) 355-8037 for a free consultation…
After a pedestrian accident, the world can feel like a blur. One moment, you were simply crossing a street or waiting for a light to change. The next, your life was violently interrupted by a collision with a vehicle. Seeking compensation for your medical bills and other losses is challenging enough when you’re also trying to recover from your injuries. But when the vehicle that hit you was operated by a rideshare driver, you may be left with more questions than answers: Who is responsible? How will you pay for your medical care? What happens if you can’t work? This guide is for you. Whether it’s been a few hours, a few days, or even a couple of weeks since your pedestrian accident involving a rideshare vehicle, there are concrete things you can do now to protect yourself, your health, and your future. An experienced Indianapolis pedestrian accident lawyer can help you take the proper legal steps and ensure your rights are protected throughout the…
Burial records This week there have been two cases which have demonstrated the importance of maintaining accurate and up-to-date records of interment. Re An Exhumation [2025] ECC Por 1, reported here, centred on the rector distinguishing between “the Correct Plot” and “the Incorrect Plot” for the deposit of cremation ashes, (to use the terminology of Summers Ch) and the opinions of the the verger and members of the family concerned. After a query from a member of the family, the ashes of the deceased were first buried first in the Correct Plot (rather than the prepared plot), then moved to the Incorrect Plot after a query by the verger, until the rector transferred them back to the Correct Plot but without faculty authorization or informing the Archdeacon – all within the space of a few days. The circumstances in Re A Burial [and in re AB on behalf of XY] [2025] ECC Bri 1 related to the burial of ST in the plot which had been assumed to…
A multi-vehicle collision occurred on the northbound lanes of US101 near Hellyer Avenue in San Jose on the evening of July 5, 2025. The incident, which took place at approximately 8:05 PM, involved a black BMW SUV, a white Ford SUV, and a dark blue Lexus sedan, all of which sustained significant front-end damage. Emergency services were promptly dispatched to the scene, and traffic lanes were temporarily blocked to facilitate the response. The collision resulted in significant traffic disruptions, with lanes 2 through 4 initially blocked, causing delays for commuters. Tow trucks were called to remove the damaged vehicles, and all lanes were reopened by 9:50 PM. Fortunately, no serious injuries were reported, although one individual was transferred to San Jose Fire for precautionary evaluation. Motorists are advised to exercise caution when traveling through the area, as residual delays may persist. Authorities remind drivers to maintain safe distances and adhere to speed…
For too long, dominant tech platforms have hidden behind Section 230 of the Communications Decency Act, claiming immunity for any harm caused by third-party content they host or promote. But as platforms like TikTok, YouTube, and Google have long ago moved beyond passive hosting into highly personalized, behavior-shaping recommendation systems, the legal landscape is shifting in the personal injury context. A new theory of liability is emerging—one grounded not in speech, but in conduct. And it begins with a simple premise: the duty comes from the data. Surveillance-Based Personalization Creates Foreseeable Risk Modern platforms know more about their users than most doctors, priests, or therapists. Through relentless behavioral surveillance, they collect real-time information about users’ moods, vulnerabilities, preferences, financial stress, and even mental health crises. This data is not inert or passive. It is used to drive engagement by pushing users…
I'll admit, I have not followed all of the legal developments in Trump 2.0 carefully. During the first administration, I closely tracked nearly every policy and district court ruling. It was exhausting. This time around, I've triaged. If I've written about something, it means I am following the issue. If I haven't written about it, that means I am not following the issue. Please do not take my silence on an issue as a reflection on whether I agree or disagree with any particular position. One such issue that I've let go is TikTok. I wrote about the Supreme Court's (quickly forgotten) decision, President Biden's outgoing order, and President Trump's incoming order. But since then, I haven't tracked the issue. Recently, Charlie Savage published an article in the Times titled "Trump Claims Sweeping Power to Nullify Laws, Letters on TikTok Ban Show." Attorney General Pam Bondi told tech companies that they could lawfully…
The UN Office of the High Commissioner for Human Rights (OHCHR) on Friday praised the recent advisory opinion from the Inter-American Court of Human Rights (IACHR) as a “landmark step forward,” urging states to take meaningful action through legislation, policymaking, and international cooperation. The IACHR released Advisory Opinion 32/25 on Thursday, which addressed signatory states’ human rights obligations under the American Convention on Human Rights (American Convention) in the face of climate change. The opinion was issued in response to a request submitted by the governments of Chile and Colombia last year. The court concluded that “the current situation constitutes a climate emergency due to the accelerated increase in global temperature, resulting from several human activities, produced unequally by States in the international community, which increasingly affect and pose a serious threat to humanity and especially to those in a…
In Trump v. CASA, Inc., the Supreme Court held, 6 to 3, that federal courts lack the authority to issue universal injunctions if an injunction limited to the plaintiffs in that case will give those plaintiffs all the relief to which they’re entitled. The decision was based on two main conclusions: (1) “A universal injunction can be justified only as an exercise of equitable authority,” and (2) the Judiciary Act of 1789 is the fount of federal courts’ equity jurisdiction and is properly read through the lens of equitable relief available to the English High Court of Chancery at that time, when “[n]either the universal injunction nor any analogous form of relief” was available.[1] Importantly, though, in footnote 4, the Court provided this disclaimer: “Our decision rests solely on the statutory authority that federal courts possess under the Judiciary Act of 1789. We express no view on the Government’s argument that Article III…
The ABA Council has proposed expanding the number of required experiential credits at ABA-accredited law schools from six to twelve credits. This is a remarkably modest requirement, representing less than 15% of a student’s JD work. The Council’s memo lays out the extensive research supporting this requirement. For decades, empirical scholars, employers, and law graduates have agreed that newly licensed lawyers lack essential competencies to serve clients effectively. Graduates need additional education before they are able to counsel clients effectively, negotiate strategically, understand the full context of client matters, and solve complex problems. Experiential Education Reinforces Doctrinal Learning As I explained in a comment to the Council, research from cognitive scientists offers further support for the Council’s proposal. Adults struggle to remember doctrinal principles taught in a classroom, even when the classroom instruction includes…
Understanding your rights and what to do if your insurer isn’t acting fairly When disaster strikes, whether it’s a hurricane, flood, or other unexpected event, Louisiana homeowners rely on their insurance policies to protect their property and financial well-being. Unfortunately, not every insurance claim is handled fairly. Sometimes insurance companies […] The post How Bad Faith Insurance Laws Protect Louisiana Homeowners appeared first on Bloom Legal Network.
“Normally we interpret the golden rule as telling us how to act. But in practice its greater role may be psychological, alerting us to everyday self-absorption, and the failure to consider our impacts on others. The rule reminds us also that we are peers to others who deserve comparable consideration.” Internet Encyclopedia of Philosophy In The Golden Rule of Constitutional Interpretation, published in VERDICT: Legal Analysis and Commentary from Justia on July 1, 2025, UC Davis Law Professor Vikram David Amar and Professor Emeritus Alan E. Brownstein explore the imperative of applying constitutional principles consistently, irrespective of political affiliations or desired outcomes. Drawing on examples from case law involving free speech, federalism, and equal protection, the authors advocate for what they term a “Golden Rule” approach to constitutional interpretation: legal standards should be applied evenly, even when doing so produces results…
What To Look For And Where To Find It The trucking industry is itself complex and heavily regulated by federal law, which means that commercial truck crashes are complex. Locating and holding all of the entities responsible for the crash, not just the driver, is often necessary. The best truck crash attorney knows how to investigate all the relationships between a trucker, trucking companies, brokers, and shipping companies that may hide or make themselves hard to find. This is difficult and time-consuming, but it is absolutely essential to hold all responsible parties accountable and make a truck crash victim whole. Catastrophic Crash… BUT Minimum Insurance Limits Large trucks, particularly fully loaded semi trucks, can cause serious injuries and death even at low speeds. When faced with a crash that caused catastrophic injuries and the large past and future medical expenses that result, many insurers will quickly attempt to tender policy limits. Federal…
Writes Adam Liptak, in The New York Times, about Ketanji Brown Jackson.“We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself,” Justice Barrett wrote, in an opinion [in Trump v. CASA] signed by all five of the other Republican appointees.“The principal dissent focuses on conventional legal terrain,” Justice Barrett went on, referring to Justice Sotomayor’s opinion. “Justice Jackson, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever.”...I think Liptak is trying to build Jackson's reputation. He writes things like: "Justice Jackson has appeared comfortable expressing herself from the start." He compares her to Justice Breyer and Justice Brandeis:“I was frightened to death for the first three years,” Justice Breyer said in a…
Understanding Fraudulent Transfers and Venue Disputes in Texas Divorce Cases: A Deep Dive into Flightline Escrow, LLC v. Leavelle When navigating a divorce in Dallas, Texas, complex legal issues like fraudulent transfers and venue disputes can significantly impact the division of marital assets. The recent Texas Court of Appeals case, Flightline Escrow, LLC v. Leavelle (2025), provides critical insights for spouses and divorce attorneys dealing with allegations of hidden assets and improper venue rulings. This case, originating in Bandera County and involving a transfer to Tarrant County, underscores the importance of understanding tort claims, severance, and mandamus relief in divorce proceedings. As experienced Dallas divorce lawyers, we break down this case to help you protect your rights and secure a fair division of community property. What Is Flightline Escrow, LLC v. Leavelle About? The Flightline Escrow, LLC v. Leavelle case, decided by the Texas Court of Appeals in El…