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Science, Computers & Technology Alternative Dispute Resolution (ADR) General Business

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IT Project Disputes Management - Managing the Cloudy Skies

by DLA Piper on

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Now is the time to reevaluate commercial sales contracts that incorporate other documents by reference

by McAfee & Taft on

Legal documents of all kinds – everything from wills and trusts to commercial sales agreements – often reference other documents. This “incorporation by reference” comes with certain risks. Historically, courts looked beyond...more

EU Commissioner Raises The Prospect Of Suspending US-EU Safe Harbor Program

by King & Spalding on

Anders Ansip, Vice-President designate for Digital Single Market, has suggested that the suspension of the Safe Harbor Regime should not be ruled out if agreement cannot be reached with the U.S. Government as to how the...more

What are you giving up when you click a click-through contract?

by Thompson Coburn LLP on

Here are some of the things people consent to when they click on "I agree"... ?That all disputes will be heard and decided in the courts of King County, Washington, ?That they accept the app or service...more

Ninth Circuit Court of Appeals Demands More from Website Operators Before Terms of Use Will Bind Users

by Wilson Elser on

The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12–56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in...more

District Judge Orders LG Electronics To Arbitrate In TV Patent Suit

by Carlton Fields on

The Southern District of New York ordered LG Electronics Inc. to arbitrate with technology patent licensing company Wi-LAN Inc. a dispute over whether certain LG television models infringe patents LG does not own. The...more

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms...more

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more

Ninth Circuit Affirms District Court’s Refusal to Enforce Arbitration Clause in Barnes & Noble’s Browsewrap Agreement—Conspicuous...

by Pepper Hamilton LLP on

E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the...more

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

by Ballard Spahr LLP on

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

Clicking “I Agree” Renders Mandatory Arbitration Provision Enforceable

by Holland & Knight LLP on

Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an online auction, to uploading media to a storage locker. These agreements,...more

Arbitration is not just for those who have agreed…

by Butler Snow LLP on

We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for...more

Insurance Coverage for Data Breach Claims

by JAMS on

Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

Use of ADR in Technology Transactions

by Field Law on

A recent WIPO Survey assessed the use of alternative dispute resolution (ADR) clauses in various technology transactions, and the results make for interesting reading for anyone who is in the business of negotiating...more

Massachusetts Tax Developments - A Reed Smith Quarterly Update (4th Quarter 2013)

by Reed Smith on

Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll take a look back to the developments from the last quarter of 2013, and look ahead to some percolating issues at the Appellate...more

Xbox One: Single Player Lawsuits Only

Microsoft is dropping its new console, the Xbox One, just in time for Christmas this year. The official unveiling occurred last month and reviews have been . . . mixed. The most controversial aspects of the console were...more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS on

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 Morrison & Foerster LLP on

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

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 Fisher Phillips on

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 Ropes & Gray LLP on

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

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

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

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 Holland & Knight LLP on

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

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