Enforceability of Mandatory Arbitration in Online Contracts
The Consumer Financial Protection Bureau has issued a proposed rule that would limit the use of mandatory arbitration in certain consumer finance contracts, including online agreements. This article focuses on the differing results reached in recent cases involving defendants' motions to compel arbitration.
Features
The Adjudication of Affordability
In catastrophic personal injury actions, the largest element of compensatory damages often is the measure of the cost of lifetime future medical care. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Features
Associate Salary Stratification More Likely In 'Buyer's Market'
Since Cravath, Swaine & Moore upped the ante on associate salaries this Spring, others in the big law community have responded gradually, some going all-in and others devising region-specific pay scales. In the current market, industry watchers say, the salary game has changed, and most firms will need to take the more thoughtful approach.
Features
Firms Increasingly Making Partners Pay to Leave
As law firms look to protect themselves from cash walking out the door in a low-demand market, they are increasingly looking at methods to discourage lateral departures and, perhaps more importantly, are enforcing those methods more frequently.
Columns & Departments
In the Courts
Discussion of a case in which the Supreme Court vacated the conviction of ex-Virginia Governor Bob McDonnell.
EFF Challenges DMCA's Anti-Circumvention Provision
The Electronic Frontier Foundation and Wilson Sonsini Goodrich & Rosati have teamed up to challenge provisions in U.S. copyright law that threaten harsh penalties for breaking "digital locks" guarding content such as music and software code.
Features
Recent Guidance Regarding Deduction of Fines
Internal Revenue Code ' 162 provides: "No deduction shall be allowed under subsection (a) for any fine or similar penalty paid to a government for the violation of any law." The controversies that continue to arise under ' 162(f) are illustrated by two memoranda released within the past few months.
Features
The Adjudication of Affordability
Since the first civil lawsuit for money damages, plaintiffs have sought to maximize recoveries while defendants have sought to minimize them. This creates an obvious tension that is often left to a jury. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Columns & Departments
<b><i>Legal Tech:</b></i> Modernizing Litigation Practice: What Can the U.S. Learn from Electronic Courtrooms and Paperless Trials Abroad?
Legal professionals interested in the next wave of innovation in litigation technology can look overseas to the developments over the last several years in the UK and Singapore.
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