Justin Kim Quoted in National Law Journal Article About Salesforce’s En Banc Petition to The 7th Circuit

Orange County, Calif. (August 30, 2023) – Orange County Partner Justin S. Kim was recently quoted by The National Law Journal (Law.com) in an article discussing the 7th Circuit Court of Appeals’ denial of Salesforce’s motion to dismiss a lawsuit which alleges that the software company profited through a business relationship with a website, and violated a federal statute which provides a civil remedy for victims of sex trafficking.

The article, titled "Online, Tech Groups Ask 7th Circuit to Rehear Ruling Limiting Salesforce's Immunity," discusses the underlying lawsuit brought by a mother and her minor child, G.G. who was trafficked on the now defunct website "Backpage.com." The plaintiffs alleged that Salesforce participated in a sex trafficking scheme because it provided customized cloud services to Backpage.com and was aware that the website was being utilized by sex traffickers. The district court granted Salesforce’s motion to dismiss, however, Seventh Circuit Judges David Hamilton and Doris Pryor reversed, finding that the Complaint alleged a viable claim for participant liability and that Section 230 of the Communications Decency Act did not immunize Salesforce from suit. Salesforce filed an en banc petition, requesting rehearing.

Mr. Kim said that the 7th Circuit’s opinion conflicts with the Supreme Court’s view of secondary liability in its unanimous decision this year in Twitter v. Taamneh, where Justice Clarence Thomas suggested that these types of claims are akin to trying to hold internet or cell service providers accountable for providing services to the public at large. “I think Salesforce has a compelling argument that allowing the decision to stand would lead to a slippery slope, resulting in potentially endless liability for commercial ventures who may engage in arm’s length transactions with the culpable parties, sex traffickers,” Mr. Kim said to The National Law Journal. He added that there is a good chance that the petition will be accepted.

Mr. Kim is a partner in Lewis Brisbois' Orange County office. He works extensively in legal issues arising in cyberspace. He regularly advises technology companies with regard to liability issues involving news and social media. He also provides counsel to entities with a significant online presence as well as application developers regarding publication of original and third party content.

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