Communications & Media Alternative Dispute Resolution (ADR)

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Sports, Media and Entertainment Intelligence - 2014

BETTING AND GAMING - US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by industry websites to...more

Financial Services Law -- Jan 17, 2014

Community Banks and the Volcker Rule: What’s Next? - For now, banks that have investments in CDO securities that are issued by funds that are invested in trust preferred securities (TruPS CDOs) have dodged a bullet. On...more

FOIA Settlement Advances Story on Civil Rights-Era Informant Records

A unique settlement in a Washington, D.C., Freedom of Information Act lawsuit has provided a Memphis newspaper unprecedented access to the FBI's informant records from the civil rights era, including documentation of the U.S....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

Think there's fruit in your Froot Loops?

Does Frosted Mini-Wheats cereal improve a child's attentiveness in school? Do fruit Roll-Ups and Fruit by the Foot have to contain real fruit? Would a reasonable consumer expect Cap'n Crunch with Crunchberries cereal to...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

Handling the Oncoming Tide of Generic Top-Level Domain Name Disputes

As early as late summer 2013, the Internet Corporation for Assigned Names and Numbers (ICANN), the nonprofit entity that oversees domain names, will launch as many as 500 new Generic Top-Level Domain names (gTLDs). A...more

Advertising News & Analysis - June 20, 2013

In this issue: - Florida Settlement Tightens Up Face Lift Advertising - Chairwoman Ramirez Names FTC Veteran as New Consumer Protection Bureau Director - Artisanal Labeling: Grounds for a Lovingly Crafted...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

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

FTC Recommends Consumer Protections for Mobile Payment Industry

The Federal Trade Commission (FTC) has released a staff report on mobile payments, which identifies and makes recommendations for three key issues in the mobile payment industry that the FTC believes present consumer...more

New gTLD Clearinghouse Will Open March 26, 2013

ICANN (the Internet Corporation for Assigned Names and Numbers) plans to launch the first of the registries associated with the new generic top-level domains (gTLDs) in mid-2013. In association with the launch, ICANN is...more

Filing Objections to Applications for the Registration of New gTLDs

In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization responsible for the global coordination of the use of domain names, IP addresses and the like, announced that it would accept...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

Court Reinforces Validity of Class Action Waivers and Arbitration Agreements

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

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

Has Someone Applied to Register Your .BRAND? Top Five Things You Need to Know

You’ve heard about the planned expansion of the domain name system, but what does it really mean for trademark owners? Last year, the Internet Committee for Assigned Names and Numbers (ICANN), the organization...more

Canadian Domain Name Decisions & Stats

This month marks the 25th year of operations for the .CA domain, Canada’s country-code top-level domain (ccTLD). It was originally allocated to John Demco, an employee of UBC, who operated the domain on a volunteer basis...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

Who Owns Your Company's .XXX?

If someone asked you whether you own the website located at www.yourcompany.com, your likely response would be yes. However, do you own www.yourcompany.xxx? Many business owners look at a web site address ending in .xxx...more

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