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When Terms of Use Put 'Reasonably Prudent User' on Notice
On Aug. 17, 2017, the Second Circuit issued its decision in Meyer v. Uber Technologies, Inc., 868 F.3d 66 (2d Cir. 2017). The appeals court vacated and remanded the trial court ruling by holding that the registration process for Uber Technologies, Inc.'s mobile application formed a legal contract, thereby requiring the plaintiff to arbitrate his claims that Uber and its then-CEO violated antitrust laws. In doing so, the Second Circuit extended the legal implications of the seeming ubiquity of smartphone use, while also reaffirming the staunch federal court preference towards enforcement of arbitration clauses.
Less than a month later, the Southern District relied on the Meyer decision in granting the defendant's motion to compel arbitration based on the fact that the design and functionality of defendant's amended terms of use placed plaintiffs' on “reasonably conspicuous notice” of the mandatory arbitration and jury trial waiver provisions. See, Pincaro v. Glassdoor, No. 16 Civ. 6870 (ER), 2017 U.S. Dist. LEXIS 147517 (S.D.N.Y. Sept. 12, 2017). As in Meyer, the district court decision was in part premised on the reality that a “reasonable” Internet user would know that a blue highlighted hyperlink is the archetypal command to a user that the entirety of the referenced document can be viewed by clicking on the hyperlink.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.