Viewing: April 2011

AT&T Mobility v. Concepcion: Is Class Arbitration Dead?

The U.S. Supreme court issued its opinion in AT&T Mobility v. Concepcion yesterday. The Court held that California’s Discover Bank rule is preempted by the Federal Arbitration Act. The Discover Bank rule states that a class action waiver in an arbitration agreement is unconscionable and should not be enforced when it is found in a […] Read More

The E-Contracting Paradox: No One Reads Online Terms But Everyone Agrees to Them

Let’s face it, no one reads online terms and conditions. Admit it, you don’t read them either. I know you don’t, because I don’t. And I read user’s manuals (and file them). I never quit a book until I’m finished, no matter how bad the book is. I read the dust jacket, copyright page, table […] Read More

One Space, Two Spaces…Potato, Potahto?

What do the AP Stylebook, Chicago Manual of Style, and MLA Style Manual have in common? They all recommend using a single space after a period. I’m with them, although I wouldn’t get worked up about it. Farhad Manjoo’s with them too, but he does get worked up about it. He doesn’t mince words in […] Read More

“NO LIMIT” + “Awesome!” = Contract Modification

Be careful about informal communications with counterparties to your contracts. That’s the key lesson from a case decided by a federal court in Florida last month. In CX Digital Media, Inc. v. Smoking Everywhere, Inc., the court held that a short, informal instant message exchange between two parties to a contract modified the contract—to the tune […] Read More

Koncision: One Giant Leap

To compare Koncision's launch of its first product to humanity's first steps on the moon would be a bit of hyperbole to be sure, but Koncision does represent a major step toward rationalizing the provision of legal services. Koncision is a web-based application that combines the power of document assembly with high-quality contract templates. It's […] Read More

Postette: This Is a Trade Secret, Right?

To be afforded protection as a trade secret, confidential information must satisfy three criteria: The information has limited availability; It derives economic value by having limited availability; and Its owner takes “reasonable precautions” to keep it secret. Don’t be tripped up by the last item by neglecting to use reasonable precautions to protect your valuable […] Read More