Commercial Law & Contracts, Alternative Dispute Resolution (ADR), Communications & Media Law

Facebook Posts Breached Confidentiality Agreement

by Jennifer Barlow | Lerners LLP on 4/12/2013

The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 1/9/2013

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Court Reinforces Validity of Class Action Waivers and Arbitration Agreements

by Venable LLP on 10/30/2012

The California Court of Appeals’ October 16, 2012 decision in Sherf v. Rusnak/Westlake, et al. invalidates a California law prohibiting class action waivers in consumer contracts. Under this ruling, marketers, including...more

In Clickwrap Data Pass Contract Dispute. Second Circuit Sacks E-mail Notice of Post-Transaction Terms

by Proskauer - New Media & Technology on 9/25/2012

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration...more

Court Funding Cuts Suggest Need For Better Business Planning

by Robert Freedman - Partner at Tharpe & Howell,... on 8/14/2012

The bad news for court funding in California continues. According to the Sacramento Business Journal, Governor Brown’s May revision of the State budget includes a $300 million cut in funding for trial courts and achieves...more

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 2 April 2012

by Morrison & Foerster LLP on 4/6/2012

In This Issue: Vindictive Ex-Girlfriend Could Face 18 Months in Prison for Facebook “E-Personation”; Man Bites PhoneDog: Twitter Account Ownership Dispute; Warning Signs: Promotions Using Facebook’s “Like” Feature; The...more

Online Deal Programs and Merchant Liability

by International Lawyers Network on 9/8/2011

Unknown only a few years ago, online daily deal sites such as Groupon and LivingSocial have become a ubiquitous phenomenon, touted as being of considerable benefit to participating merchants. That may be so, but they also...more

Basic Law for Web Designers No 1: Introduction to Contract Law

by Jane Lambert on 8/16/2011

I have been consulted by web designers and their customers ever since the earliest days of the wold wide web. I have read and reviewed many of their contracts and drafted a large number of my own. Sometimes I have represented...more

Special Report: Summary of FTC Request for Comments on Updating Its “Dot Com Disclosures: Information About Online Advertising”

by Venable LLP on 6/1/2011

The Federal Trade Commission (“FTC’ or “Commission”) announced on May 26, 2011 that it was updating its Dot Com Disclosures: Information About Online Advertising1 guidance document and would seek comments through July 11,...more

The Supreme Court Favors Arbitration -- Again

by Proskauer - Class & Collective Actions on 4/27/2011

In recent years the U.S. Supreme Court has consistently favored arbitration against efforts to limit it, so long as the parties' intent to arbitrate is clear. In 14 Penn Plaza v. Pyett, in which Proskauer represented the...more