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Jonathan Bick
E-commerce channel providers’ suspension of sellers’ accounts associated with alleged intellectual property infringement is fast, and suspension remediation is time-consuming and costly. Consequently, e-commerce sellers should contemplate pre-emptive legal and business arrangements to ameliorate potential e-commerce account suspensions consequences.
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Can Terms of Service Agreements Allow Companies to Skirt Consumer Protection Laws?
Stephen M. Kramarsky
Most users do not have the time or inclination to read through dozens of pages of legalese before reviewing the morning’s tweets, and if millions of users are agreeing to these terms, how bad can they be?
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Decision of Note: Live Nation Can’t Force Arbitration over Online Ticketing Site
Max Mitchell
Agreeing to arbitration was supposed to be as easy as clicking a button, but Live Nation was unable to show that a man seeking to sue the company actually clicked any of the buttons indicating his consent to arbitrate.
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The False Claims Act Sealing Orders
Andrew W. Schilling and Megan E. Whitehill
What They Say and Do Not Say
Part Three of a Three-Part Article
The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?
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Alan Friel and Stephanie Lucas
The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?
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The Equifax Breach: Why This One Is Different
F. Paul Greene
This is not the first time that a credit reporting agency has been breached, nor is it the first time that Equifax has reported a breach. What is different with the current breach is its size and the nature of information compromised, as well as the implications of the breach in light of the increasingly complex web of cybersecurity regulations nationwide.
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Chapter 13
Amy L. Drushal and Lara Roeske Fernandez
There is a new trend emerging in FCRA litigation involving Chapter 13 bankruptcy, under which debtors propose a repayment plan to make installment payments to creditors over three to five years. Increasingly, plaintiffs are filing suit based on certain credit-reporting actions taken (or not taken) during a pending Chapter 13 bankruptcy case, after plan confirmation but prior to the entry of the discharge — when a debtor has met all requirements set by the court.
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