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e-Commerce Docket Sheet
Arbitration Clause in User Agreement
Does Not Apply to Phone-Sales Agent
An arbitration clause contained in a ticket broker Web site's online user agreement, which applied only to online activity or use of the Web site, is not applicable to a telephone sale initiated by an agent of the ticket broker. Kushner v. StubHub, Inc., 2008 Ohio 3241 (Ohio Ct. App. June 26, 2008). The appellate court affirmed the lower court's ruling denying the online ticket broker's motion to compel arbitration and found that the arbitration clause in the user agreement was unenforceable as to the telephone transaction. The court found that the only reasonable interpretation of the user agreement was that it applied only to online purchases and transactions, rejecting the ticket broker's argument that the user agreement applied to any and all services provided by the broker to any user who ever filled out an online registration form.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.