General Business Alternative Dispute Resolution (ADR) Communications & Media

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Covered or Not: Has Hartford v. Swift Opened a Faster Lane for Intellectual Property and Insurance Mediation?

The California Supreme Court recently issued its longawaited coverage decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., 59 Cal. 4th 277 (2014). The Court, applying California state law, upheld the trial...more

TCPA Connect - June 2014

TCPA Suit Based On Texts Unrelated To Promotion - Running a Cyber Monday promotion led to a Telephone Consumer Protection Act lawsuit for Cosmopolitan Hotels & Resorts. ...more

California District Court Compels Arbitration of TCPA Claim

The Eastern District of California recently compelled arbitration of a TCPA claim based on the broad language of the plaintiff’s arbitration agreement. See Delgado v. Progress Financial Company, No. 14-0033, 2014 WL 1756282...more

Arbitration: coming to store near you?

The food industry may be catching on to the growing trend of binding arbitration agreements. General Mills recently added a binding arbitration provision to the legal terms on its website, then withdrew the changes a few days...more

GM Abandons Controversial Online Legal Policy Amid Growing Backlash

General Mills Inc. has recently reversed its controversial new online legal policy that had required certain consumers to agree to forego their rights to filing lawsuits against the company if they communicated with GM via...more

You’ve Looked At My Site And Now You Have Waived Your Right To Sue Me. Is That Legal?

I’ll admit, General Mills did not go that far. What they did, according to The New York Times was notify customers that if they downloaded a coupon, joined a forum or entered a sweepstakes, the customer would waive their...more

Business Litigation Alert: "Did They Really Do That?"

General Mills Reverses Binding Arbitration for Facebook Fans - General Mills recently made headlines for its attempt to bind consumers to an arbitration agreement if they “liked” the company’s Facebook page, downloaded...more

Imburgia v. DIRECTV: Did a California Court of Appeal Really Say You Can Contract Around Congress?

On April 7, 2014, a California appellate court sweepingly rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in DIRECTV’s consumer contracts, which contained a class action...more

General Mills dips a toe in forced arbitration for sweepstakes, contests

Last week, The New York Times reported that General Mills added language to its website notifying its customers that if they downloaded a coupon, joined the company’s online community on places like Facebook, or entered a...more

Business Litigation Reporter

We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC

Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements. This new policy will go into effect on November 11th....more

Is Your ADR Clause Enforceable?

A number of recent court decisions have addressed the enforceability of contract clauses that call for alternative dispute resolution procedures instead of traditional courtroom litigation. ...more

Eastern District Of Kentucky Holds Plaintiff Must Arbitrate TCPA Claims Based On Calls Seeking Debt From Third Party

Whaley v. T-Mobile, USA, Inc., No. 13-31-DLB-JGW, 2013 WL 5155342 (E.D. Ky. Sept. 12, 2013) - Plaintiff opened a cell phone account with Defendant. Terms and conditions of the account included an arbitration provision...more

Arbitrating TCPA Claims: Perhaps the Next Big Thing

A recent decision in California should put a smile on the faces of those who routinely include mandatory arbitration clauses in their commercial contracts with customers, and should put an idea into the minds of those who...more

CIS Legal Updates - May 2013: Litigation Updates

Recent rulings by Russia’s Supreme Arbitrazh (Commercial) Court (SAC) have clarified dispute resolution procedural issues in Russian courts. In particular, the following resolutions were adopted...more

Facebook Posts Breached Confidentiality Agreement

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

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

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

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

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

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

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

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

The Supreme Court Favors Arbitration -- Again

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

The Facebook, Inc., Mark Zuckerberg v. Winklevoss

The Facebook, Inc., Mark Zuckerberg v. Winklevoss: 9th Circuit Opinion Affirming Decision of Distict Court

On April 11, 2011, The Ninth Circuit Court of Appeals affirmed the District Court decision that denied the Winklevoss twins bid to void their settlement agreement with Facebook and Mark Zuckerberg. In his opinion, Judge...more

Bank Guarantee | Court of Appeal Allows Injunction

The NSW Court of Appeal on 1 November 2010 in Lucas Stuart Pty Ltd v Hemmes Hermitage Pty Ltd [2010] NSWCA allowed an injunction preventing a call upon the performance bond because of the possible likely damage to the...more

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