News & Analysis as of

Terms and Conditions

NLRB’s Acted More Like “Advocate Than Adjudicator” In Issuing Decision, DC Court of Appeals Concludes

When bargaining over an agreement, it is common to hear union representatives ask “why do we need such elaborate language in an agreement? We are always reasonable.” To which, the company usually responds, “We think you’re...more

Arrangement Fee Clauses in German Loan Agreements ruled invalid by German Federal Court

by Dechert LLP on

The German Federal Court issued a series of groundbreaking rulings on July 4, 2017. Arrangement fee clauses in German law loan agreements are invalid if they are included in general terms and conditions set by the lender....more

New Jersey Supreme Court to Consider Key TCCWNA Issues

by K&L Gates LLP on

New Jersey’s Truth in Consumer Contract Warranty and Notice Act (TCCWNA), which sat largely unnoticed in the decades following its 1980 enactment until the recent surge in putative class action filings, is now before the New...more

Convenience vs. Compliance: Behavior-Driven Marketing of Credit Products

by Bryan Cave on

Bryan Cave’s Ken Achenbach joins hosts Jonathan Hightower and Rob Klingler to discuss the data-driven marketing of credit products by financial services companies....more

Electronic Signature Pads: I Didn’t See Those Terms

by BakerHostetler on

Although we healthcare lawyers generally view ourselves as a pretty healthy lot, there are times when we are patients too. In a recent experience I was asked by a provider’s employee to sign several registration and privacy...more

Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from...

by Bass, Berry & Sims PLC on

On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more

Indonesia Implements a Safe Harbor Policy for E-Commerce (Marketplace) Platforms

by White & Case LLP on

In light of rapid developments in the e-commerce industry in Indonesia, the Ministry of Communication and Informatics ("MOCI") issued Circular Letter No. 5 of 2016 on the Limitations and Responsibilities of Platform Providers...more

New York State Industrial Board of Appeals Invalidates New Regulation Governing Payment of Wages by Direct Deposit or Debit Card

by Littler on

On February 16, 2017, the New York State Industrial Board of Appeals (“IBA”) issued an order revoking changes to New York State’s regulation governing employers that pay their employees by direct deposit or debit card. This...more

Recidivism Under the FCPA: Zimmer Biomet

by Thomas Fox on

Last week Zimmer Biomet Holdings, Inc. paid a high price for its and its predecessors failure to comply with the terms and conditions of 2012 Deferred Prosecution Agreement (the “2012 DPA”). Biomet, having originally paid $23...more

Contract formed before more detailed terms agreed

by Allen & Overy LLP on

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC), 25 October 2016 - This case highlights the risks where a simple contract is found to have been formed before more detailed terms are agreed. The court...more

Top 10 Litigation Risks and Trends for Retailers

by Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Strict Compliance with Performance Bonds

by White & Case LLP on

Performance bonds and bank guarantees are commonly used as forms of security under construction and engineering contracts. Calling on a performance bond or bank guarantee requires, in most countries, "strict" compliance with...more

Terms And Conditions For Your App: 6 Key Considerations

by Morrison & Foerster LLP on

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

Five Key Takeaways: Promotional Tactics/Pitfalls and Opportunities in Coupons, Rebates, and Experiential Marketing (including the...

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 2016 ANA/BAA 38th Marketing Law Conference, held November 9-11, 2016 in...more

Court Rules MCA Arrangement Is a Loan Under New York's Usury Laws

by Pepper Hamilton LLP on

On October 25, 2016, the New York Supreme Court of Westchester County issued a decision in Pearl Capital Rivis Ventures, LLC v. RDN Construction, Inc. that helps clarify the circumstances under which the provision of a...more

Update: Regulations Implementing E-Warranty Law Now in Effect

New regulations governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty notification requirements. On...more

Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against...

by McDermott Will & Emery on

On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial practices. The first investigation by the Authority alleges that WhatsApp...more

Two New Jersey District Courts Dismiss TCCWNA Cases On Spokeo Grounds and Address What It Means To Be An “Aggrieved Consumer”...

by Locke Lord LLP on

In recent months, federal and state courts in New Jersey have been faced with numerous motions to dismiss class action complaints alleging that online retailers’ website terms and conditions violate New Jersey’s...more

Implementing A Competitive Natural Gas Market In Mexico - CENAGAS to hold its first open season

by King & Spalding on

Centro Nacional de Control de Gas Natural (CENAGAS) has received authorization from the Comisión Reguladora de Energía (CRE) to conduct its first open season for the assignment of available capacity on a firm basis in the...more

I accept!

by McAfee & Taft on

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Should You Litigate In Court or Arbitrate the Dispute?

by McNair Law Firm, P.A. on

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

EEOC Resuelve Caso de Robo de Salario Discriminatorio

Steamboat Springs restaurante que pagar $50,000 (50 mil dolares) por falta de pago de salarios adecuados a Los trabajadores latinos debido a su raza u origen nacional - DENVER - En Steamboat Springs, Colorado, el...more

EEOC Conciliates Discriminatory Wage Theft Case

Steamboat Springs Restaurant to Pay $50,000 for Failing to Pay Proper Wages to Latino Workers Because of Race or National Origin - DENVER - A Steamboat Springs, Colo., restaurant has agreed to pay $50,000 to resolve race...more

NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

by Perkins Coie on

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

by Littler on

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

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Cybersecurity

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