News & Analysis as of

Terms and Conditions

Fore! Fourth Circuit Affirms No Coverage for Hole-in-One Payments

As proof that almost anything can be insured, hole-in-one insurance is available on the market. Coverage is granted for payments or awards (cars, cruises, golf trips, cash, etc…) given and can be obtained for the right...more

ACCC Increases Enforcement of Consumer Guarantees Against Airlines

by Jones Day on

The Situation: Following consumer complaints, the Australian Competition and Consumer Regulator ("ACCC") has released a report reminding airlines of obligations when dealing with the flying public. Looking Ahead: The ACCC...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

International HR – Offer Letters and Employment Contracts

by Fisher Phillips on

When a US company decides to hire an employee in another country the question of whether to send the applicant an offer letter inevitably arises. Sending an offer letter prior to the final contract is normal practice in the...more

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

NLRB Changes Standard for Employer Handbook Rules

Earlier this week, we wrote how the National Labor Relations Board (“NLRB”) gave an early Christmas present to employers by overturning the employee-friendly “joint employer” standard announced in 2015. This, however, was not...more

Relationship between data protection and competition laws - German Federal Cartel Office objects to Facebook’s collection of user...

by Dentons on

Data-related businesses occupy an increasingly important role in the modern economy. During the past decade, companies such as Facebook, Amazon, Alibaba and Google/Alphabet have sprung up and become veritable giants by...more

More Than Mere Loose Ends: Immigration Compliance During Mergers and Acquisitions

by Vedder Price on

Mergers and acquisitions are often complex transactions involving numerous parties and myriad moving parts. While the parties are understandably focused primarily on the economic aspects of the deal, immigration compliance is...more

A Return to Clarity: Traditional Joint Employer Test Reinstated

by Proskauer - Labor Relations on

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,...more

Court Finds Pre-Checked Disclosure Acceptance Box Still “Clickwrap”; Compels Arbitration of TCPA Case

by Dorsey & Whitney LLP on

Dorsey’s TCPA team is already renowned for obtaining first-in-the-nation results. Adding to that pile, Dorsey aided GoSmith, Inc. this week in obtaining a ruling compelling arbitration under facts that have long escaped...more

On A Roll: Board Finds No Bargaining Obligation Attaches to Unilateral Actions Consistent with Past Practice

by Proskauer - Labor Relations on

On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years. Today, the NLRB, in Raytheon Network Centric Systems, 365...more

New Board, Old Law: NLRB Restores Stability After The Expiration Of Union Contracts - Raytheon Ends Brief Dalliance with...

by Fisher Phillips on

The National Labor Relations Board just restored stability for employers attempting to maintain the status quo following the expiration of a collective bargaining agreement. In the spirit of giving, outgoing NLRB Chairman...more

NLRB Delivers Big Win for Employers by Overturning Controversial Obama-Era Joint Employer Test

by Payne & Fears on

Employers should breathe a sigh of relief. On December 14, 2017, the National Labor Relations Board overturned the dramatic expansion of the joint employer test it established just two years ago in the controversial...more

Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

by Snell & Wilmer on

On November 14, 2017, the Court of Appeals (Division 1), in Offerman v. Granada, LLC, 2017 WL 5352664, reversed a trial court order directing specific performance of an alleged option to purchase real property, holding that...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Whether Field Invoice Terms Limit Damage Claims

The Supreme Court of the State of New York (Appellate Division) (“Court”) in a November 9th Memorandum and Order (“Order”) addressed whether field invoices provided to a customer for the performance of hydraulic fracturing...more

2018 NDAA Analysis: DoD “Amazon” Bill Poised to Become Law

by Holland & Knight LLP on

This is the second blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Terms and Conditions Land Online Trader in Difficulty in Australia

by Jones Day on

The Ruling: A computer retailer was order to pay a fine for violating the Australian Consumer Law. The Impact: Businesses must ensure that the terms and conditions in their warranty notices comply with the law, or risk an...more

Proposed Joint Employment Law Clears Important Hurdle, Passes House

by Fisher Phillips on

By a vote of 242 to 181, the House of Representatives passed the “Save Local Business Act” today, a bill that would significantly narrow the definition of “joint employment” and limit employers’ wage and labor problems. HR...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

by Fisher Phillips on

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

New Jersey Supreme Court Announces Last Call for TCCWNA Happy Hour

by Proskauer - Advertising Law on

In recent years, creative plaintiff-side class action attorneys in New Jersey have attempted to seek relief under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which allows for $100 in statutory damages...more

The 2017 AIA Changes that Matter to Owners

Last time, we discussed how some of the 2017 revisions to the American Institute of Architects (AIA) form design and construction contracts benefit general contractors. Such revisions added clarity to provisions concerning...more

English Court Rules on Unwinding of Distressed Debt LMA Trades

by Jones Day on

The Situation: The English Commercial Court heard a dispute regarding a back-to-back trade of distressed debt between an upstream seller and a downstream buyer, via a "riskless principal" broker, which contained an express...more

California Updates Its Auto-Renewal Law

by Perkins Coie on

From fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay. As more companies adopt this model, states around the country...more

A Lesson from the Third Circuit on Arbitration Clauses: Say What You Mean

by Blank Rome LLP on

CPR Speaks - A recent decision by the United States Court of Appeals for the Third Circuit reminds us that when we want an arbitration clause to apply in certain situations or to certain parties, we have to build that...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

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