Employee Arbitration: The Ninth Circuit Cries Uncle?

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We’ve been writing a lot about arbitration of late, and so have the courts. Just today, the Ninth Circuit Court of Appeals issued an opinion on arbitration in the employee rights area reversing its own prior decisions, but it has potential application to many other areas of the law. In Dorman v. Charles Schwab Corp.,...

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Involving Commerce: How Far Does the Federal Arbitration Act Reach?

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Because of the risk of what some might perceive as extortion via class action lawsuits, arbitration agreements have be come a critical line of defense. But what if you are sued by residents of your own state and the claim is made that the suit isn’t one “involving commerce”?

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Consumer Arbitration Clauses: Traps for the Unwary

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We’ve previously written about issues related to consumer arbitration clauses for online transactions, as well as related online terms and conditions. But, some courts are loathe to enforce consumer arbitration clauses and will look for ways to avoid them, as a recent federal court case from Illinois illustrates.

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To Be Or Not To Be: Standing In Invasion of Privacy Cases

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In the case of Frank v. Gaos, argued before the United States Supreme Court on October 31, 2018, oral argument took an unexpected turn, leading the Justices to direct the parties (and the Solicitor General) to brief the question of whether any named plaintiff had standing, i.e., whether they were in fact injured, in a...

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Online Terms of Use: An Update

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On June 10, 2019, we discussed an Illinois federal court decision enforcing an online consumer arbitration agreement. There are now decisions from federal courts in New York and California that touch on related issues, and offer important guidance for online terms and conditions.

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Nevada Privacy Law Goes Into Effect October 1

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What happens in Vegas, may now indeed need to stay in Vegas.  Although California’s sweeping new privacy law has dominated the headlines, other states are enacting their own, different privacy laws, and it’s important to understand the differences. Partner Stacy Stitham identifies some things we should know about the new Nevada privacy law.

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Web Arbitration Clauses: Federal Court Upholds “Terms of Use”

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On June 7, 2019, the United States District Court for the Northern District of Illinois ruled in favor of retailer Wayfair LLC, and its parent company, Wayfair Inc., in a decision that both (1) upholds a web arbitration agreement and (2) provides useful guidance in presenting “terms of use” to website shoppers. What can we...

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EU-US Privacy Shield: What You Need To Know

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On December 19, 2018, the European Commission published its second report on the EU-US Privacy Shield, under which companies can certify adequate compliance with EU privacy standards to be able to receive data from or concerning EU citizens.  If you obtain such data, we present an overview of what you should know about the EU-US Privacy...

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Class Arbitration and Other Risks: Are You Protected?

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More companies, large and small, are including arbitration clauses in their consumer agreements, including clauses that seek to bar class arbitration.  Such clauses may be easier said than done, and there remain traps for the unwary.

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Plain Meaning: Conservative Judges Reining In the FTC?

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In recent decisions analyzing the plain meaning of the FTC Act, two federal district courts have held that the FTC cannot file suit under § 53(b) of the Act where the alleged misconduct has ceased.  If upheld on appeal, the impact of these cases could be extraordinary.

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