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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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.