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The use of noncompetes is now shifting across the country. Many states are limiting the use of noncompetes. Several states have enacted or are considering prohibitions on noncompetes. Nationally, the Federal Trade Commission is engaging in a rulemaking that could ban noncompete agreements between employers and employees. What does all of this mean for your business? Are there alternatives to noncompetes that can protect your business?

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Case Tracker: Artificial Intelligence, Copyrights and Class Actions

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Plaintiffs filed this putative class action arising from the scraping and use of copyrighted works to train Google’s AI products (including Gemini), alleging that such conduct directly infringed plaintiffs’ copyrights.&nbsp;&nbsp;

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The parties are briefing Google’s motion to dismiss [55] the second amended complaint [47]. 

Case Background

Caption: Leovy v. Google LLC, No. 5:23-cv-03440-EKL

Court: Northern District of California

Judge: District Judge Eumi K. Lee and Magistrate Judge Susan van Keulen

Plaintiffs – Jill Leovy, on behalf of herself and a putative Copyright Class, represented by Clarkson Law Firm, P.C.

Defendant – Google LLC, represented by Wilson Sonsini Goodrich &amp; Rosati

Former Plaintiffs – Nicholas Guilak, Carolina Barcos, Paul Martin, Marilyn Cousart, Alessandro De La Torre, Vladisslav Vassilev, Jane Dascalos, and Minor G.R., on behalf of themselves and putative Internet User and Minor Users classes Former Defendants – Alphabet Inc. and Google DeepMind

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Status Updates

Sept. 12, 2024 – Google filed reply ISO motion to dismiss 

Aug. 22, 2024 – Plaintiffs’ opposed Google’s motion to dismiss  

August 5, 2024 – Court order relating Zhang and Leovy

August 1, 2024 – Joint stipulation modifying briefing schedule for Google’s motion to dismiss

July 30, 2024 – Zhang plaintiffs opposed Google’s renewed motion to relate Zhang and Leovy

July 29, 2024 – Google moved to dismiss plaintiffs’ second amended complaint

July 26, 2024 – Order permitting Zhang plaintiffs to respond to Google’s renewed motion to relate Zhang and Leovy

July 24, 2024 – Zhang plaintiffs moved for leave to file motion for reconsideration on whether to relate Zhang with Leovy

July 23, 2024 – Order relating Zhang v. Google with Leovy v. Google

July 11, 2024 – Google renewed motion to relate with Zhang v. Google

July 3, 2024 – The parties stipulated to extend the time for Google to respond to plaintiffs’ second amended complaint. 

June 27, 2024 – Plaintiffs filed second amended class action complaint 

June 6, 2024 – Court granted motion to dismiss with leave to amend and denied motion to relate

June 4, 2024 – Zhang and Leovy plaintiffs filed separate oppositions to Google’s motion to relate

May 31, 2024 – Google filed motion to relate with Zhang v. Google

May 28, 2024 – Google filed statement of recent decision in Cousart v. OpenAI LP

Apr. 5, 2024 – Google filed reply in support of its motion to dismiss

Mar. 15, 2024 - Plaintiffs filed opposition to Google’s motion to dismiss

Feb. 9, 2024 – Google filed motion to dismiss

Jan. 5, 2024 - Plaintiffs filed First Amended Class Action Complaint against Google LLC

Oct. 16, 2023 – Defendant filed motion to dismiss complaint

Sept. 19, 2023 – Plaintiffs voluntarily dismissed two defendants

July 11, 2023 – Plaintiffs filed class action against Alphabet

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Select Court Documents

<a href="https://admin.bakerlaw.com/wp-content/uploads/2023/09/ECF-1-Complaint-5.pdf" target="_blank" rel="noreferrer noopener">July 11, 2023 – ECF 1 Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2023/09/ECF-13-Voluntary-Dismissal.pdf" target="_blank" rel="noreferrer noopener">Sept. 19, 2023 – ECF 13 Voluntary Dismissal</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2023/10/ECF-20-Motion-to-Dismiss.pdf">Oct. 16, 2023 – ECF 20 Motion to Dismiss</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/01/ECF-28-First-Amended-Complaint.pdf" target="_blank" rel="noreferrer noopener">Jan. 5, 2024 – ECF 28 First Amended Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/02/ECF-33-Googles-Motion-to-Dismiss-Plaintiffs-First-Amended-Class-Action-Complaint.pdf" target="_blank" rel="noreferrer noopener">Feb. 9, 2024 – ECF 33 Google’s Motion to Dismiss Plaintiffs’ First Amended Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/03/ECF-36-Plaintiffs-Opposition-to-Googles-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">Mar. 15, 2024 - ECF 36 Plaintiffs’ Opposition to Google’s Motion to Dismiss</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/04/ECF-37-Googles-Reply-ISO-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">Apr. 5, 2024 – ECF 37 Google’s Reply ISO Motion to Dismiss [33]</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-41-Statement-of-Recent-Decision.pdf" target="_blank" rel="noreferrer noopener">May 28, 2024 – ECF 41 Statement of Recent Decision in Cousart v. OpenAI LP</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-42-Motion-to-Relate.pdf" target="_blank" rel="noreferrer noopener">May 31, 2024 – ECF 42 Motion to Relate with Zhang v. Google</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-44-Zhang-Plaintiffs-Opposition-to-Motion-to-Relate.pdf" target="_blank" rel="noreferrer noopener">June 4, 2024 – ECF 44 Zhang Plaintiffs’ Opposition to Motion to Relate</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-45-Leovy-Plaintiffs-Opposition-to-Motion-to-Relate.pdf" target="_blank" rel="noreferrer noopener">June 4, 2024 – ECF 45 Leovy Plaintiffs’ Opposition to Motion to Relate</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-46-Court-Order-Granting-Motion-to-Dismiss-and-Denying-Motion-to-Relate.pdf" target="_blank" rel="noreferrer noopener">June 6, 2024 – ECF 46 Order Granting Motion to Dismiss and Denying Motion to Relate</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/07/ECF-47-Second-Amended-Complaint.pdf" target="_blank" rel="noreferrer noopener">June 27, 2024 – ECF 47 Second Amended Complaint&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/07/ECF-48-Stipulation-Extending-Time-for-Google-to-Respond-to-Second-Amended-Complaint.pdf" target="_blank" rel="noreferrer noopener">July 3, 2024 – ECF 48 Stipulation Extending Time for Google to Respond to Second Amended Complaint&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/07/ECF-49-Renewed-Motion-to-Relate-with-Zhang-v.-Google.pdf" target="_blank" rel="noreferrer noopener">July 11, 2024 - ECF 49 Renewed Motion to Relate with Zhang v. Google&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/07/ECF-51-Order-Granting-Motion-to-Relate-with-Zhang-v.-Google.pdf" target="_blank" rel="noreferrer noopener">July 23, 2024 - ECF 51 Order Granting Motion to Relate with Zhang v. Google&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/08/ECF-53-Zhang-Plaintiffs-Motion-for-Leave-to-File-Motion-for-Reconsideration.pdf" target="_blank" rel="noreferrer noopener">July 24, 2024 – ECF 53 Zhang Plaintiffs’ Motion for Leave to File Motion for Reconsideration</a>

July 26, 2024 – ECF 54 Order Permitting Zhang Plaintiffs to Respond to Google’s Renewed Motion to Relate

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/08/ECF-55-Googles-Notice-of-Motion-and-Motion-to-Dismiss-Second-Amended-Complaint-and-Memorandum-of-Points-and-Authorities-in-Support-Thereof.pdf" target="_blank" rel="noreferrer noopener">July 29, 2024 – ECF 55 Google’s Motion to Dismiss Plaintiffs’ Second Amended Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/08/ECF-56-Zhang-Plaintiffs-Opposition-to-Googles-Renewed-Motion-to-Relate-Zhang-and-Leovy.pdf" target="_blank" rel="noreferrer noopener">July 30, 2024 – ECF 56 Zhang Plaintiffs’ Opposition to Google’s Renewed Motion to Relate Zhang and Leovy</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/08/ECF-58-Joint-Stipulation-Modifying-Briefing-Schedule-for-Googles-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">August 1, 2024 – ECF 58 Joint Stipulation Modifying Briefing Schedule for Google’s Motion to Dismiss</a>

August 5, 2024 – ECF 59 Order Relating Zhang and Leovy

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/09/ECF-61-Plaintiffs-Opposition-to-Googles-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">Aug. 22, 2024 - ECF 61 Plaintiffs’ Opposition to Google’s Motion to Dismiss </a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/09/ECF-62-Reply-ISO-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">Sept. 12, 2024 – ECF 62 Reply ISO Motion to Dismiss </a>