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3 Jun 2022, 10:03 am by Robert B. Milligan
Aerometals, Inc., 16-cv-02249, 2021 WL 978953, at *1 (E.D. [read post]
Courts consider whether purchasers: were on notice of the terms; and actually or implicitly assented to them.[1] Applying this framework, courts generally enforce clickwrap agreements because they require purchasers to physically manifest assent — e.g., clicking an “I accept” button that explicitly indicates assent to the terms of use.[2] In contrast, since browsewrap agreements do not require explicit physical assent, courts typically will only find them enforceable if… [read post]
24 May 2022, 6:58 pm by Dennis Crouch
The court followed-up two years later with Alice Corp. v. [read post]
18 May 2022, 5:53 am by Crispin Smith
This campaign followed President Donald Trump’s May 2018 withdrawal from the Iran nuclear deal and was exacerbated by his Jan. 2020 decision to assassinate Iranian Islamic Revolutionary Guard Corp (IRGC) Qods Force Commander, Maj. [read post]
12 May 2022, 6:02 am by Rebecca Tushnet
II), 2021 WL 3878654, No. 20-15742 (9th Cir. [read post]
9 May 2022, 8:51 am by William C. MacLeod
”[1] Before 1964, this rulemaking power was directed to the FTC’s administrative functions. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
And while the FTC Act enables the agency some authority to prohibit conduct outside the scope of the Sherman Act,[34] it does not do away with consideration of justifications or benefits when determining whether a practice is an “unfair method of competition. [read post]
6 May 2022, 5:01 am by John Conger, Erin Sikorsky
This excuse does not, however, explain all of the shortfalls. [read post]
5 May 2022, 9:01 pm by Kate Waldock
§ 1102(a)(1). [12] See In re Johns-Manville Corp., 26 B.R. 919 (Bankr. [read post]
29 Apr 2022, 5:01 am by Eugene Volokh
This question has famously been at the center of the debates about platform content moderation,[1] but it can come up in other contexts as well.[2] This is a broad question, and there might be no general answer. [read post]