Evidentiary Failings Undermine Arbitration Clauses in Online Terms

Evidentiary Failings Undermine Arbitration Clauses in Online Terms

Earlier this week, we posted about a Seventh Circuit case where an ambiguous user call-to-action undermined an online contract formation procecss. (See “Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion“.) Recently, a couple of trial courts issued rulings denying companies’…

Posting Vacation Photos To Facebook Costs An Employee His Job--Jones v. Accentia (Forbes Cross-Post)

Posting Vacation Photos To Facebook Costs An Employee His Job–Jones v. Accentia (Forbes Cross-Post)

[Note: inexplicably, over at Forbes, this became my most-read blog post ever, with about a quarter-million views–even though it’s a short, breezy and quickly written post that I posted during the dead time of Sunday mid-morning.] Before the Internet, people…

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display--Total Recall v. Luckey

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display–Total Recall v. Luckey

Palmer Luckey, who ultimately developed the much-hyped Oculus Rift, entered into an agreement with a company called “Total Recall”. Although it was not crystal clear, the agreement was technically with Thomas Seidl, one of the partners of Total Recall. The…

2H 2015 Quick Links, Part 6 (Social Media)

2H 2015 Quick Links, Part 6 (Social Media)

* Burge ex rel. Burge v. Colton School Dist. 53, 2015 WL 1757161 (D. Or. April 17, 2015). 8th grader gets a C in a class and gets grounded. He vents about the teacher on Facebook: Braeden initially posted that…

Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence--Farley v. Callais

Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence–Farley v. Callais

As we’ve discussed before, social media accounts are honeypots in litigation; they are irresistible data sources as an encapsulation of a person’s life. As a result, it’s become routine for litigators to seek massive amounts of social media evidence in…

Court Allows Facebook Expert to Testify in Threat Case--U.S. v. Bradbury

Court Allows Facebook Expert to Testify in Threat Case–U.S. v. Bradbury

I previously blogged about US v. Bradbury, a prosecution for Facebooking allegedly jocular threats to blow up buildings and kill government officials. (See: “When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often”.) Bradbury was…

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

[Note: I wrote this post over the weekend, before the atrocious MTM v. Amazon case. I think virtually all of this post remains current despite that ruling. I’ll blog the MTM case separately.] I’ve been chronicling the futility of competitive…

Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)

Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)

The big news this morning is that the European Commission sent a Statement of Objections to Google. Other links from the past few months, many of them related to this development. Google * Mistakenly released FTC Staff Report on its…

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Commerce * NAD tells CheapoAir that it can’t run keyword ads showing the lowest priced flight in its database if it can’t deliver that fare to the consumer. * United Airlines sues 22-year-old who found a method for buying cheaper…

Q4 2014 & Q1 2015 Quick Links Part 3 (Facebook)

Q4 2014 & Q1 2015 Quick Links Part 3 (Facebook)

* AP: Facebook Tells DEA To Stop Operating Fake Profile Pages. Really, that even needs to be said??? Facebook’s letter. WSJ Law Blog: U.S. to Pay Woman $134,000 for Impersonating Her on Facebook * What do people mean when they “like”…