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...

Brann & Isaacson Again Secures Dismissal Of Wiretapping Class Action Lawsuit

On November 9, 2018, U.S. District Judge Esther Salas of the District of New Jersey ordered the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. Allen’s complaint alleged that NaviStone provided Quicken Loans with a JavaScript code that...

Plain Meaning: Conservative Judges Reining In the FTC?

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.

Brann & Isaacson Secures Dismissal Of Wiretapping Class Action Lawsuits

On July 12, 2018, Senior United States District Judge William H. Pauley III of the Southern District of New York issued an opinion and order dismissing three separate class action privacy lawsuits alleging claims under federal wiretap and electronic surveillance statutes and New York consumer protection laws.  The court agreed with the arguments made by...