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Communications & Media Alternative Dispute Resolution (ADR) General Business

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Arbitration Provision TKOs Class Action Lawsuit by Online Viewer of Mayweather/McGregor Fight

Boxing fan Victor Mallh, attempting to take a class action swing at Showtime Networks for failures in its livestream broadcast of the Mayweather/McGregor fight in August of this year, will have to pursue his claim in...more

Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon’s Conditions Of Use

by Carlton Fields on

Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more

Amazon Delivers Pricing Challenge to Arbitration

Amazon successfully moved a putative class action challenging its pricing practices to arbitration after the U.S. Court of Appeals, Ninth Circuit held that the retailer’s agreement was not unconscionable....more

Ninth Circuit Rejects Claim That Amazon’s Terms and Conditions Are an Unconscionable Contract

In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v....more

Update Your Browsewrap and Clickwrap Agreements

by Revision Legal on

A recent California case reminds businesses and website owners that browsewrap and clickwrap agreements must be conspicuous for courts to enforce them. See Long v. Provide Commerce, Inc., 245 Cal.App.4th 855 (2nd Dist. 2016)....more

Uber Customer Arbitration Agreement Enforceable Under California Law, Says Second Circuit

by Carlton Fields on

The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more

Mobile App Terms and Conditions Decision Clarifies Best Practices in App Designs to Support Enforcement of Contract Provisions

The Second Circuit issued a decision of interest to every company that utilizes a mobile app to interact with its customers. In Meyer v. Kalanick, the court enforced the mandatory arbitration provision in the Uber app. The...more

Federal Appellate Court Enforces Terms of Use, Including Arbitration Provision, Entered During Mobile Application Registration...

On August 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an important decision in a high-profile case against Uber Technologies that has broad implications for the enforceability of terms of use entered on...more

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting,...more

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

by Buchalter on

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber...more

Uber Uses Arbitration (And Clean Design) To Put Brakes On Consumer Class Action

Last Thursday, the Second Circuit found that the arbitration agreement in Uber’s Terms of Service was conspicuous enough to be binding and enforceable. As a result, the claims of a putative class of consumers will be...more

Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral...

by Carlton Fields on

In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court order vacating an...more

Construction E-Note - June 2017

by Burr & Forman on

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being...more

Promise to Arbitrate Claims “Arising Under” is Narrower than Promise to Arbitrate Claims “Relating to” Agreement

In Evans v. Building Materials Corporation of America, [2016-2427](June 5, 2017), the Federal Circuit affirmed the denial of a motion to dismiss a complaint for patent infringement and trade dress infringement....more

NLRB Orders DISH Network To Rescind Or Revise Its Arbitration Agreement With Employees

by Carlton Fields on

Recently, the National Labor Relations Board (NLRB) ordered Dish Network, LLC to rescind or revise its arbitration agreement, finding that provisions in the agreement violated the National Labor Relations Act (NLRA)....more

Is Arbitration Just a Click Away?

by Burr & Forman on

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being...more

Commercial Division Compels Arbitration of a Contract Claim Based on an Arbitration Clause in a Related Agreement

In Fidilio v. Hoosick Falls Productions, Inc., No. 654066/2016, 2017 BL 107640 (Sup. Ct. Mar. 22, 2017), Justice Eileen Bransten of the New York County Commercial Division granted a motion to compel arbitration of a dispute...more

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

by Polsinelli on

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Ransomware: A How-To Guide

by Bryan Cave on

Some forms of cyber extortion are automated and not targeted at any specific victim. For example, “ransomware” refers to a type of malware that prevents users from accessing their systems unless, and until, a ransom is paid....more

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

by Carlton Fields on

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Arbitrator’s Decision On Availability Of Collective And Class Arbitration Withstands Procedural And Substantive Challenges

by Carlton Fields on

A Colorado federal court recently denied DISH Network (“DISH”)’s petition to vacate an arbitration award that decided an arbitration agreement with former employee Ray permitted collective or class certification. The...more

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

by Ballard Spahr LLP on

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

FCC Adopts New Privacy Rules

by Carlton Fields on

On November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote. After the reclassification of broadband internet access service as a telecommunications...more

Ten Things to Know About the CMS Long-Term Care Requirements Final Rule

by Holland & Knight LLP on

Deadlines are looming to come into compliance with sweeping changes to the Centers for Medicare & Medicaid Services (CMS) requirements for long-term care facilities (LTC) participating in Medicare and Medicaid. The CMS final...more

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