Dan Lifschitz
Dan Lifschitz
@lifschitz.esq
Civil litigator by day (Gipson Hoffman & Pancione), copyright and entertainment law professor by night (UCLA + Southwestern Law School), husband and MCTT parent by luck (Kim ❤️ + Teddy 💛). If I’m posting, I’m procrastinating. dan[at]lifschitz.esq
189 followers245 following222 posts
X doesn’t do many things well, but it sands down the edges of contrarianism like nobody’s business, making it much easier to dismiss critiques of adventurism as out-of-touch wokescolds playing it safe. As it turns out, sometimes pearls need to be cluched so you don’t let them strangle you instead.
As much as I hate to say it because it’s cheap webforum meta discourse, the strongest correlation to Platner support wasn’t ideology, it was if you still frequently use X, The Everything App. I would hope that would lead to some introspection about what remaining on there does to your judgement.
Too many folks in the replies need to realize it’s possible to hold multiple opinions simultaneously. Specifically, that (a) Kat is great, (b) the Tribune’s language is gross, and (c) there’s absolutely no basis for a libel action here, such that (d) it would be incredibly embarrassing to file one.
Hey @chicagotribune.com Editorial Board: Why did you describe me as a “bomb-throwing influencer”? This is wrong, inflammatory, and racist. Change it. www.chicagotribune.com/2026/07/05/e...
It’s not libel because (a) there’s no reasonable argument they were accusing Kat of literally throwing bombs and (b) any figurative interpretation would be protected as opinion categorically incapable of being proven true or false. Leave frivolous litigation to the MAGAts, we’re better than that.
Hey @chicagotribune.com Editorial Board: Why did you describe me as a “bomb-throwing influencer”? This is wrong, inflammatory, and racist. Change it. www.chicagotribune.com/2026/07/05/e...
It makes sense once you buy into the worldview of the Gang of Six. Men are inherently superior to women, you see, so prohibiting trans women’s participation is about maintaining fundamental fairness. But for trans men, it’s like taking a handicap in golf. Let them try! It’s cute, even! /s
It's such a *clear* equal protection violation to me, if for no other reason that trans *men* are not subjected to the same restrictions, only trans women. But, since the court already decided that the constitution doesn't apply to trans women, I can't be surprised.
This is @lawprofblawg.bsky.social coded.
Divorced parents means divergent rotations. Mom was The Beatles, Neil Young, Nirvana, America, James Taylor, Marshall Crenshaw, The New Radicals, and Juliana Hatfield. Dad was Bruce Springsteen, Elton John, Yanni, Sting, Billy Joel, and whatever Disney soundtrack we demanded.
what's the music your parents played all the time when you were a kid? for me, it's a dead heat between Neil Diamond and Linda Ronstadt
I’m pretty sure one side of a war no longer being able to defend itself is precisely when the war ends as opposed to continuing forever, but maybe I’m overthinking this. Or underthinking. Or just thinking.
KAITLAN COLLINS: Are you okay with Iran having missiles? SEN. ROGER MARSHALL: I prefer that they not, but they have to defend themselves COLLINS: You think Iran needs to be able to defend itself? MARSHALL: I do, otherwise we turn this into a forever war
Dan Lifschitz reposted
Whenever Congress finds its spine, it should codify a federal anti-SLAPP statute that awards trebled fees for successfully dismissing any claim brought by a member of the administration presently in power.
“The goals here appear to be to muddy the narrative, run up opponents’ legal bills and send a message to journalists that if you cover us critically, it’s going to cost you a lot of time and money.” www.nytimes.com/2026/06/14/b...
To the tune of:
Elon's botched penis job
Looking forward to the DOJ having to defend how they actually blew the deadline because Trump insisted on a modesty tarp to hide his shame.
BREAKING: Trump admin asks for a 12 hour delay in removing Trump's name from Kennedy Center, saying work got delayed due to thunderstorms. Crowd (including Rep. Beatty) has been outside the center most of the evening.
Dan Lifschitz reposted
Replying to @audrelawdamercy.blacksky.app
They built the scaffolding too high in an attempt to reach God Now God has made it impossible to communicate So they're just still going off their last orders and building more scaffolding The crowd is telling them to take the name down but tragically they don't understand anymore
At this point, I think it’s entirely reasonable for judges to skip down to the signature block on any DOJ filing before continuing to the brief itself. It’s a great shortcut for determining whether you need to take anything you’re about to read seriously.
LMAO and FYI: This looney tunes filing was ONLY signed by Brett Shumate.
Beatty notes in her opposition that the DOJ never raised this argument at any point before the district court -- likely becase they changed the bylaws at the 11th hour to juice their irreparable harm argument against the injunction. Judges love when fiduciaries take their own charity hostage, right?
There's also something incredibly gross about Trump deliberately changing the Kennedy Center's bylaws to condition the retention of donations on the retention of his name change, then mewling to the court about all the donations that will now have to be refunded absent a stay. Bitch, you did that!
There's also something incredibly gross about Trump deliberately changing the Kennedy Center's bylaws to condition the retention of donations on the retention of his name change, then mewling to the court about all the donations that will now have to be refunded absent a stay. Bitch, you did that!
The DOJ's appellate stay request regarding the Trump-Kennedy signage once again has all the hallmarks of having been written by Trump himself. There's literally nothing he cares more about than his own vanity projects.
The DOJ's appellate stay request regarding the Trump-Kennedy signage once again has all the hallmarks of having been written by Trump himself. There's literally nothing he cares more about than his own vanity projects.
NEW: DOJ files a request at the DC Circuit for a stay pending appeal in the Kennedy Center case at 3:46 p.m. on the day of the compliance deadline issued two weeks ago. storage.courtlistener.com/recap/gov.us...
I want these people’s romantic partners to dose them with sodium pentothal and ask them exactly what it was they enjoyed about Mad Men.
The really telling part about Jilani & Stoller using "HR Lady" to describe the situation with Platner is: that didn't involve work / HR at all. By "HR Lady," they mean, "any woman who objects to something I think I should be able to do." Every woman who says "no" is the "HR Lady."
This. 👇🏻 The English lexicon is built on consensus. Someone had to start building that consensus for every single word added. When the drafting task at hand inspires a novel turn of phrase, the autocorrect highlight isn’t flagging an error. It’s testing your mettle. Will you meet the moment?
I’m really waiting for the new class of DOJ lawyers to realize that Trump’s veil of untouchability does not extend to his rank-and-file foot soldiers. The institutional memory of our shared profession will extend far beyond the waning days of this administration.
JUST IN: Judge Mary McElroy (Trump/RI) refers DOJ attorneys to the court discipline committee over handling of fight over trans medical care subpoenas to RI Hospital. Earlier she agreed that presumption of regularity for govt 'no longer holds.' storage.courtlistener.com/recap/gov.us...
He’s either (a) too stupid to understand the AI bubble is poised to burst once everyone realizes these companies lack a viable path to profitability or (b) using taxpayers to forestall that financial reckoning at the behest of his benefactors who are leveraged to the hilt on the matter.
Trump says he's interested in govt taking equity stakes in the giant AI companies like OpenAI or Anthropic: "There's something very interesting about it, where it almost becomes a partnership. The American people can benefit from the success of AI, and by doing that, they're gonna like it better."
It’s almost become trite to point out, but if Putin had specifically conscripted Trump to sabotage our foreign policy for Russia (and China)’s geopolitical benefit, Trump would not be doing anything differently.
Breaking WSJ: Trump says he wants Bill Pulte, his incoming, unqualified acting Director of National Intelligence, to begin firing a large number of employees as part of a shake-up of the intel community. Reminder: Just yesterday, Trump said Pulte won't be in this role permanently.
Dan Lifschitz reposted
Irony alert: The Iowa legislature is forcing U of Iowa students to take courses on topics like "why capitalism works, how it works, & why it has been so successful"...because students weren't voluntarily choosing to enroll in the courses www.chronicle.com/article/a-fl...
To my fellow copyright litigators, don’t sleep on the Hikma decision just because it’s a patent case. The crux of the opinion is what allegations are sufficient to survive a Twiqbal challenge when alleging inducement to infringe under Grokster and Cox.
First (but *not* last) #SCOTUS ruling is in Hikma Pharmaceuticals. For a unanimous Court, Justice Jackson sides (narrowly) with generic manufactuer in patent infringement dispute: www.supremecourt.gov/opinions/25p...
Bari Weiss is going to do to CBS News what Great Hill Partners did to G/O Media and the fact that she found someone willing to be the fall guy in Nick Bilton only proves how oblivious he really is to his role in all of this. www.discourseblog.com/p/rest-in-pi...
Not sure whether Scott Pelley is best played by @barryp.bsky.social or @dianamoskovitz.bsky.social in this situation, but I have a decent idea of where the story goes next.
Dan Lifschitz reposted
On LinkedIn, a lawyer posted a Brazilian judgment sanctioning counsel for "prompt injection"! In white on white text, the brief instructed any AI reading the brief to respond "superficially." That's ... very very interesting. www.linkedin.com/posts/jinyos...
Not just journalists, but lawyers as well. It’s so reliable that courts will judicially notice its content without hesitation. I’ve used WM captures to defeat motions over personal jurisdiction, establish the popularity of streaming media over time to calculate copyright damages, and so much more.
Journalists know that losing the Wayback Machine would be a nightmare: www.wired.com/story/the-in...
Dan Lifschitz reposted
Easiest $230 I’ve ever spent. Mike’s basically an uncredited coauthor on my 2012 law review piece covering ACTA and SOPA/PIPA. He helped shape my worldview *and* gave me one of my first platforms to write about copyright law. My admiration for him has only grown since then. Fight the good fight. ✊🏻
Hey folks: this morning we're launching a monthlong fundraiser for @techdirt.com. Over the last year, we've been steadfast in not self-censoring, not capitulating, not sanewashing bullshit. But that's come at a cost. And we need help: rtb.techdirt.com/products/fri...