Privacy Bounty Hunters, Part I: The Risks Are Real

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As I’ve written previously, if you sell anything online, it’s not a question of if—it’s when privacy bounty hunters will comes calling, accusing your company of violating anti-wiretapping or privacy laws. “The better part of valor is discretion,” as Shakespeare said, and now is the time to act. You can take proactive steps to reduce your risk,...

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B&I Wins Arbitration Application for Wayfair in Missouri Tax Case

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In an order issued on November 18, 2019, Judge Richard M. Stewart of the Circuit Court of St. Louis County, Missouri, granted the application to compel arbitration filed by Brann & Isaacson client, Wayfair. The plaintiff brought a case against Wayfair, claiming that Wayfair collected too much tax from her, and sought class action status...

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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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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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