Privacy Redux Part I: Is It Time to Rethink Federal and State Privacy Laws?

Is it time for a privacy redux, to visit privacy anew to determine whether our legal system is doing something more than entangling honest companies in a costly web of superficial and ultimately meaningless requirements? I think so. I also think we need to act quickly before the regulatory cement begins to set and drags...

Online Wiretapping Claims: A Surging Menace

A flood of lawsuits and arbitration demands continues to drown companies that have installed the Meta pixel on their websites. If you haven’t been on the receiving end of these online wiretapping claims, count yourself lucky. Either way, be forewarned that the risk of being subject to a wiretapping shakedown extends far beyond the Meta...

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

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...

Employee Arbitration: The Ninth Circuit Cries Uncle?

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.,...

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

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”?

Consumer Arbitration Clauses: Traps for the Unwary

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.

Online Terms of Use: An Update

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.

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

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...

Class Arbitration and Other Risks: Are You Protected?

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.

Arbitration Redux: Supreme Court Speaks Again

Just seven days after my last blog post on arbitration clauses, the United States Supreme Court issued its decision in DIRECTV, Inc. v. Imburgia finding, yet again, that a class action waiver provision was enforceable against a consumer.  Although the decision turned on a rather nuanced question of contract interpretation, it serves as a powerful reminder of...