Commercial Law & Contracts, Science, Computers & Technology, Alternative Dispute Resolution (ADR)

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS, The Resolution Experts on 5/15/2013

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

New EU rules on online and alternative dispute resolution - a win/win?

by Susan McLean | Morrison & Foerster LLP on 5/15/2013

On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

by Sean Kane | Pillsbury Winthrop Shaw Pittman LLP on 4/26/2013

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

Mediating Non-Compete Disputes in the Medical Device Industry

by Michael Greco | Fisher & Phillips LLP on 3/18/2013

The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more

FTC Announces Investigations of Kids App Providers and California’s AG Sues Delta over Fly Delta App’s Privacy Practices

by Jim DeGraw, David McIntosh, Doug Meal, Mark Szpak | Ropes & Gray LLP on 12/14/2012

Two recent developments should have all app providers reviewing their privacy practices and policies. On Monday, December 10, the Federal Trade Commission released its latest report on privacy disclosures and kids apps....more

Are Your Company’s Consumer Terms and Conditions Enforceable?

by Adrianne Strong, David Treacy | Dinsmore & Shohl LLP on 12/13/2012

Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more

Federal District Court Refuses to Compel Arbitration, Holding That Zappos.com's "Browsewrap" Agreement Was Not a Valid Contract

by Wilson Sonsini Goodrich & Rosati on 11/8/2012

The recent decision in In re Zappos.com Inc., Customer Data Security Breach Litigation is an important reminder to online businesses that rely on browsewrap agreements to ensure that they effectively bind their end users to a...more

Browsewrap Arbitration? Enforcing Arbitration Provisions in Online Terms of Service

by Morrison & Foerster LLP on 10/29/2012

Originally published in the New York Dispute Resolution Lawyer Newsletter, Fall 2012, Vol. 5, No. 2 on October 29, 2012 Companies that provide services to consumers have often sought to reduce the risk of class action...more

Online Browsewrap Agreement Unenforceable Due to Lack of Notice, Illusory Terms

by Marc S. Reisler | Holland & Knight LLP on 10/3/2012

In In re Zappos.com, Inc., 2012 WL 4466660 (D. Nev. Sept. 27, 2012), a Nevada district court ruled that an arbitration clause contained in a browsewrap agreement that could be accessed via an inconspicuous link buried near...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

Terms E-mailed to Internet Customer After Purchase Are Insufficient To Create Binding Agreement to Arbitrate

by Leonard, Street and Deinard - Arbitration... on 9/13/2012

In a fascinating decision, the Second Circuit has ruled that an internet merchant cannot compel arbitration with aEmail consumer, when it only emailed the consumer the arbitration agreement after the consumer agreed to the...more

Facebook App: Dispute Resolution Terms Upheld

by Field Law on 9/11/2012

In a Facebook app called “SuperPoke! Pets”, players adopted virtual pets and acquired or purchased virtual currency to buy things for their virtual pets. As one of the first Facebook apps, the game took off in popularity...more

Resolving Life Science Collaboration Disputes

by Pillsbury Winthrop Shaw Pittman LLP on 5/22/2012

This article first appeared in Law360, May 11, 2012. Life science companies frequently collaborate to develop drugs or devices. Some collaboration agreements refer disputes to arbitration. Others are silent so any...more

British Columbia On-line Dispute Resolution

by Dentons on 5/15/2012

On May 7, 2012, the Ministry of Justice for British Columbia announced the introduction of Bill 44, the Civil Resolution Tribunal Act. If enacted, British Columbia would become the first jurisdiction in Canada to create a...more

Promega Corp. v. Life Technologies Corp. (Fed. Cir. 2012)

by McDonnell Boehnen Hulbert & Berghoff LLP on 4/13/2012

Last month, in Promega Corp. v. Life Technologies Corp., the Federal Circuit affirmed a decision by the District Court for the Western District of Wisconsin granting a motion to compel arbitration by Invitrogen IP Holdings,...more

Challenges of Microsoft Server-Client Licensing

by Scott & Scott, LLP on 11/22/2011

Server licensing often can be a complex undertaking. Christopher Barnett, of intellectual property and technology law firm Scott & Scott, LLP, discusses a number of complicating factors to keep in mind when analyzing...more

Take 5: Views You Can Use - October 2011

by Epstein Becker & Green, P.C. on 10/20/2011

In This Issue: 1. California Imposes Obligations on Retail and Manufacturing Employers to Evaluate the Risk of Human Trafficking and Slavery in Its Product Supply Chain On January 1, 2012, the California...more

Dispute Resolution Processes in Entertainment Contracts

by Heenan Blaikie LLP on 10/19/2011

James Kosa wrote an interesting and thoughtful piece over at slaw last week: Shape-Shifting Dispute Processes: Adapting the Process to the Type of IT Dispute. In it, he discusses "alternative dispute resolution (mediation or...more

Cloud Computing - Five Things to Consider

by Dentons on 9/28/2011

"Cloud computing" has been rolling in for several years now and it's clear that it's here to stay. Amazon, Apple, AT&T, Google, Microsoft and Verizon all have cloud service offerings for individuals and enterprises....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

Coming to America: Converting a UK Technology License Agreement To A US Technology License Agreement

by Dinsmore & Shohl LLP on 6/3/2011

US and UK technology license agreements are fundamentally similar to each other. UK licensors should take heed, though, because there are nuances that, if not addressed, can create problems - sometimes small and sometimes...more

District Court in Texas Rejects Online Terms of Service as Illusory and Unenforceable

by Morrison & Foerster LLP on 5/5/2009

On April 15, 2009, a Texas federal district court held that an arbitration provision in Blockbuster’s online terms of service was “illusory” and unenforceable because Blockbuster had reserved the right to change the terms of...more

Arbitration begins with the contract

by Alan Wernick on 5/1/2008

Arbitration, one form of alternative dispute resolution, is an integral part of the fabric of many agreements. How an arbitration clause is drafted can have a significant impact in the event of a dispute involving the...more

Non Disclosure Agreement with Arbitration Clause for Intellectual Property, Patent, Trade Secret, Idea, Manufacture, Invention

by Bambi Faivre Walters, PC on 3/1/2008

Exemplary Non Disclosure Agreement (NDA) with arbitration clause. This document does not constitute legal advice and prior to executing any contract, an individual or entity should carefully review the provisions with an...more

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Commercial Law & Contracts › Science, Computers & Technology › Alternative Dispute Resolution (ADR)