The U.S. Court of Appeals for the Ninth Circuit has refused to enforce a so-called "browsewrap" arbitration agreement incorporated into the website of Barnes & Noble Inc. against customers who claim the bookseller reneged on their purchases of discounted computer tablets. Barnes & Noble did not take adequate steps to assure its customers were aware of an arbitration agreement tucked in the website's terms of use, a unanimous three-judge panel'ruled'on Aug. 18. The panel affirmed the'
- August 28, 2014Marisa Kendall
In an era of incredible "big data," the medical malpractice practitioner should ask, "Why are there no accurate, reliable, and statistically valid measurements of malpractice verdicts by subject and jurisdiction?"
August 20, 2014Eric FrischCalifornia Franchising Good-Faith Legislation Moves Forward
August 02, 2014ALM Staff | Law Journal Newsletters |We've long known that vague, incomplete or misunderstood instructions from partners to associates is a prime source of profitability leaks ' revenue lost because of all the time spent on reinventing the wheel. We've also long known that an amazingly simple delegation improvement technique can help reduce write-downs of time by up to 18%.
August 02, 2014Pamela WoldowFranchising companies often select arbitration to resolve issues with their franchisees and critical vendors. Landlords may want to include arbitration to settle disputes as well. .
August 02, 2014Craig R. TractenbergIn Skilling v. United States, the U.S. Supreme Court limited the scope of the honest services fraud statute (18 U.S.C. ' 1346) to "bribery and kickback" schemes. But those terms are not self-defining, and the Court did not define them.
August 02, 2014Gary Stein and Eli J. MarkIn-depth discussion of two pivotal rulings.
August 02, 2014ALM Staff | Law Journal Newsletters |In some instances, one party purchases a home prior to the marriage, titling it in his or her own name and paying with his or her separate funds. However, in some jurisdictions, the purchaser,may be invoking a major exception to the general rule that property one acquires before marriage is "non-marital" property.
August 02, 2014Eric Schulman and Joshua JacksonFederal Circuit: Cuban Company Has Standing to Request Trademark Cancellation
Supreme Court: High Court Agrees to Consider the Preclusive Effect of TTAB's Decisions
TTAB: TTAB Cancels Redskins Trademarks for Disparaging Native AmericansAugust 02, 2014Howard J. Shire and Aryn A. ConradThe FDA recently issued a draft guidance document to make "recommendations" and to clarify its position regarding the dissemination of scientific information that discusses unapproved (off-label) uses of approved products. Here's what you need to know.
August 02, 2014Alan G. Minsk

