California Moving To Protect Consumer Reviews–AB 2365 (Forbes Cross-Post)
Consumer reviews play a critical role in our marketplace today, and existing consumers can have significant influence over prospective consumers. Many businesses have accepted this new competitive reality, but not all. For example, some businesses ask their customers to contractually…
Keyword Advertising Doesn’t Create General Jurisdiction–Rocke v. Pebble Beach
I know, Internet jurisdiction cases are typically blah, but this was more interesting than most. Still, I’ll keep this post brief. The Rockes visited the well-known Pebble Beach Resorts in California. Mrs. Rocke suffered a slip-and-fall there but sued the…
‘Flash Sale’ Website Defeats Class Action Claim With Mandatory Arbitration Clause–Starke v. Gilt
This is a straightforward ruling, but I liked it because it nicely illustrates what’s happening in the field and the courts right now. Gilt Groupe runs the “flash sale” website Gilt.com. I know some folks love these sites but I’ve…
A ‘Juicy’ Supreme Court Case On Food Labeling Regulation–Pom Wonderful v. Coca-Cola (Forbes Cross-Post)
[Note: I wrote this as a preview to the oral arguments at the Supreme Court. I wasn’t sure how to read the tea leaves from oral arguments, but Rebecca thinks the justices asked harder questions of Coca-Cola than of Pom.]…
Siblings Use Publicity Rights To Try To Block Sister From Blogging About Mom–In re Reynolds
For lawyers, family feuds are gold. There’s nothing quite as vituperative as family members squabbling in court. For the lawyers, familial acrimony translates into irrational overspending on legal fees. Ca-ching! Today’s family feud involves a mom, Lois Reynolds, and her…
How To Get Your Clickthrough Agreement Enforced In Court–Moretti v. Hertz
So, by now, you know that if you want an enforceable online agreement, you need to implement it as a mandatory clickthrough. With that settled, it’s time to address an advanced topic: what evidence can you offer a judge to…
Q1 2014 Quick Links, Part 2
Social Media * Collins v. Louisiana State Police, No. 13-412 (La. Ct. App. Oct. 23, 2013): a person’s online life depicted in social media is commonly not intended to reflect reality as much as it is intended to engender discourse. Therefore,…
Q1 2014 Quick Links, Part 1 (IP)
Copyright * Perfect 10, Inc. v. Giganews, Inc., No. 11-7098 (C.D. Cal. Jan. 29, 2014). Upholding Giganews’ policy of terminating repeat infringers. The ruling also is critical of Perfect 10’s method of sending takedown notices, saying that Perfect 10 may have had…
Ripoff Report’s Latest Section 230 Win–Seldon v. Magedson
It’s been a while since I blogged a Ripoff Report case. I’m sure you’ve missed hearing about them, but their litigation docket has calmed down somewhat since their heyday. This pro se lawsuit, rehashing tired arguments that have failed repeatedly…
Some Thoughts On General Mills’ Move To Mandate Arbitration And Waive Class Actions
I sent the following email to a reporter covering the fallout from General Mills’ amended legal terms to mandate arbitration and the The New York Times’ coverage, When ‘Liking’ a Brand Online Voids the Right to Sue (and see the…