Loevy + Loevy

In a first-of-its kind decision, a federal judge has ruled in favor of Loevy + Loevy client?The Intercept,?by allowing a claim to move forward against OpenAI for violating the Digital Millennium Copyright Act. In a?lawsuit?filed in February,?The Intercept?alleged that OpenAI intentionally removed copyright management information from thousands of its copyright-protected news articles that were unlawfully used to train ChatGPT. OpenAI had filed a Motion to Dismiss, but yesterday the court held that?The Intercept?has standing to bring the suit, and that it plausibly alleges a violation of the DMCA by OpenAI. “This decision recognizes that the DMCA provides critical safeguards for news organizations against encroachment by AI companies, and presents a viable approach to challenging the unauthorized use of digital news content for AI training,” says Loevy + Loevy partner?Matthew Topic. “This is true regardless of whether that content has been registered with the Copyright Office.” The?Intercept?ruling comes on the heels of an order by a different judge dismissing a similar claim by?Raw Story, another Loevy + Loevy client.?Raw Story?has already sought leave to amend its complaint to address that decision, and is optimistic its claims will be permitted to proceed. https://lnkd.in/gUYxrs94

Loevy + Loevy is looking for a brilliant and committed individual to join our team as a paralegal! Loevy + Loevy is a nationally recognized civil rights law firm. We have achieved historic results in difficult cases involving wrongful convictions, prisoners’ rights, police misconduct, whistleblower protection, data privacy, and transparency cases. Loevy + Loevy is an equal opportunity employer. We value diversity and an inclusive culture. We welcome applications from first-generation professionals. We strongly encourage applications from all qualified individuals regardless of race, color, religion, gender, sexual orientation, gender identity or expression, age, disability, veteran’s status, or national origin. For more information about the position and how to apply, go to https://loevy.com/careers/.

Exonerated after 47 years, Kerry Max Cook filed a federal lawsuit today in Texas. Framed for the rape and murder of Linda Edwards, Cook spent 20 years of his life on Death Row. “My civil suit seeks justice and accountability for the injustices done to both Linda Edwards’ family and mine by framing me for a crime I didn’t commit,” Mr. Cook said. “But it’s also for the many others who have suffered injustice at the hands of Smith County’s dark history.” Mr. Cook was convicted in 1978 and sentenced to death by lethal injection. Mr. Cook, however, never stopped fighting for his life and freedom: at one point, in 1988, he was 11 days from his scheduled execution when the U.S. Supreme Court ordered Texas to review the case. After multiple appeals and two new trials—in one of which he was convicted and sentenced to death again—Mr. Cook accepted a no-contest plea with credit for the 20 years he’d served, and he was released in 1999. Now 68 years old, Mr Cook shared: “For over 20 years I fought for my life from a death row cell. After being kicked out the back door of Smith County’s legal system in 1999, I fought for another 25 years to clear me and my family’s name. This year, the Texas Court of Criminal Appeals finally declared me ‘actually innocent,’ but my struggle does not end there. Today, I am pressing forward with a civil suit against the officers who framed me, and against the broken Tyler and Smith County police agencies that let it happen.” The lawsuit names the City of Tyler, Smith County, and fifteen current or former law enforcement officers as defendants. The suit asks a federal jury to determine damages for multiple violations of Mr. Cook’s rights under U.S. law, including violations of due process, malicious prosecution, destruction of evidence, and conspiracy. Mr. Cook is represented by Loevy + Loevy attorneys Anand Swaminathan, Jon Loevy, and Alison Leff. Read the full press release: https://lnkd.in/g8QckyqN

Today, our client Edwin Ortiz (seen here with his son) filed a federal lawsuit against the City of Chicago and nine officers of the Chicago Police Department, including notorious retired detective Reynaldo Guevara. Mr. Ortiz was only 15 years old when Guevara and other Chicago officers framed him for a crime he did not commit. He had absolutely nothing to do with the shooting, he did not match the victims’ description, and no physical evidence ever linked him to the crime. Nonetheless, Guevara and other detectives fabricated a case against him. Among other coercive tactics, one key witness later testified that Guevara paid him money to falsely identify Ortiz as the shooter. Mr. Ortiz spent more than 20 years in prison before he was exonerated. “I was framed by Detective Guevara,” Mr. Ortiz said, upon his exoneration earlier this year. “I was 15 years old. I never graduated high school. I didn’t get to go to prom. There were a lot of things I didn’t get to do as a child.” Mr. Ortiz was the 45th Guevara victim exonerated. Ret. Det. Guevara has never defended his conduct on the stand, repeatedly invoking his Fifth Amendment rights against self-incrimination. He lives in Texas, and draws a pension on the City of Chicago. “By now it’s obvious that Guevara’s convictions can’t be trusted," says attorney Alison Leff of Loevy + Loevy, "and it’s absurd that the City spends millions of dollars of taxpayer money on outside counsel defending these cases, and many millions more when it loses.” Read the full press release on Mr. Ortiz's case here: https://lnkd.in/gzvSNfez. 8/8

Yesterday, Cook County approved a $24.8 million settlement to eight victims of notorious Chicago Police detective Reynaldo Guevara. We congratulate the County on doing the right thing, and--as Loevy + Loevy partner Anand Swaminathan says--"We hope the City of Chicago is paying attention and will follow the County’s lead...It’s time to take responsibility for this dark chapter in Chicago’s history, and to stop wasting taxpayer money fighting to defend one of the most corrupt police officers it has ever employed.” Read more about this settlement on our website here: https://lnkd.in/gHTvgB2J

Yesterday, our client Jimmy Soto held a press conference at the Northwestern Pritzker School of Law, with attorneys Jon Loevy and Meg Gould of Loevy + Loevy, announcing the filing of a federal lawsuit against dozens of officers of the Chicago PD and three Cook County Assistant State's Attorneys who conspired to frame him for murder. Before his exoneration in 2023, Soto spent an astonishing 42 years behind bars for a crime he didn't commit. While there, he earned a Bachelor's degree with honors from Northwestern and became a certified paralegal. He now plans to go to law school. https://lnkd.in/guDVzx6h

Next Tuesday, Jimmy Soto will hold a press conference announcing a federal lawsuit against the Chicago police and the Cook County prosecutors who framed him. Soto served more than 42 years in prison—the longest known wrongful conviction term in Illinois history. Jimmy Soto was just 20 years old when several members of the Chicago Police Department and Cook County prosecutors conspired to frame him for a crime he didn’t commit in 1981. Last December, after fighting tirelessly to clear his name, Mr. Soto finally had his conviction vacated. On Tuesday, Loevy + Loevy attorneys will file a federal lawsuit on Mr. Soto’s behalf, seeking damages for this injustice from dozens of Chicago police officers, three Cook County Assistant State’s Attorneys, Cook County, and the City of Chicago. Following the filing, Mr. Soto and his attorneys will hold a press conference at Northwestern University in Lincoln Hall. Read the media advisory on our website. Read the media advisory on our website: https://lnkd.in/gSWxGc_F

Yesterday, Loevy + Loevy filed a class action lawsuit on behalf of Illinois residents against the DNA site Nebula, along with Meta, Microsoft and Google, claiming Nebula's collection and sharing of genetic information with the technology companies violated the Illinois Genetic Information Privacy Act. Read about the case here. https://lnkd.in/gUwsFF9M

Attorney Stephen Stich Match writes about Loevy's latest FOIA victory, in which the court ruled against the Navy's usual "we can neither confirm nor deny" response: https://lnkd.in/g8hf2tD6

Today at 12-1, attorney Joshua Tepfer of Loevy + Loevy and Exoneration Project will join Jasmine Smith of CAARPR on WBEZ's RESET with Sasha-Ann Simons (91.5 FM), to discuss the call for Cook Co. Attorney General Kim Foxx to vacate dozens of wrongful convictions before she leaves office. Tune in!