Searching Content indexed under Contracts and Commercial Law by BakerHostetler ordered by Published Date Descending.
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AB-1790 Seeks To Add Transparency To The Marketplace/Marketplace Seller Relationship
Seeking to increase transparency and, consequently, fairness in the marketplace/marketplace seller commercial relationship, the California State Senate approved AB-1790 Marketplaces
United States
1 Oct 2019
California Supreme Court: Payroll Companies Not Liable To Client's Employees For Unpaid Wages
The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages.
United States
20 Feb 2019
New Guidance On GDPR Data Processing Contracts Published By The UK ICO
The U.K. Information Commissioner's Office (ICO) recently published guidance on contracts between controllers and processors.
19 Dec 2018
Public And Private Blockchain Pilots Announced, CFTC Warns On Smart Contracts
New blockchain pilots for shipping and property registries were announced this week. A subsidiary of Abu Dhabi Ports and the Port of Antwerp ...
United States
23 Oct 2018
Vermont Automatic Renewal Bill Slips Into Law
Vermont has been keeping busy. We recently covered the Green Mountain State's aggressive anti-data broker legislation passed in May 2018, the first of its kind in the United States.
United States
9 Jul 2018
We Cured The Breach Of Contract! Oh No, You Didn't
A recent decision from a North Carolina federal court raises interesting lessons for providers surrounding contractual cure and damages provisions.
United States
8 May 2017
ICC Announces New Expedited Rules For Smaller International Arbitrations
On Nov. 4, the International Court of Arbitration of the ICC announced that its Rules of Arbitration would be amended as of March 2017 to implement a new Expedited Rules procedure...
United States
12 Dec 2016
Recovering Attorney's Fees For Breach Of Contract Under Texas Law – Recent Cases Say No!
In the energy sector, many contracts contain Texas choice of law provisions, or are performed in Texas, which means that Texas law probably applies.
United States
24 May 2016
CFPB Proposes Ban To Mandatory Arbitration Provisions
The rule applies to any pre-dispute arbitration agreement between consumers and providers of consumer financial products or services as well as any affiliate of a provider that is acting as a service provider to the provider.
United States
24 May 2016
Deeper Dive: Merchant Liability Arising From Stolen Payment Cards
In last year's BakerHostetler Incident Response Report, we reported the range of PCI DSS non-compliance fines as $5,000 – $50,000 and the per card amount of liability imposed to reimburse issuers of affected cards as $3-$25.
United States
17 May 2016
Forcing Exclusivity On Your Customers May Not Be The Best Competitive Response
According to the FTC's administrative complaint, Invibio responded to new rivals seeking to sell PEEK at lower prices by adopting a strategy of expanding the scope and coverage of exclusivity terms in its own PEEK supply contracts.
United States
6 May 2016
Seventh Circuit Throws Out TransUnion's Clickwrap Agreement And Incorporated Class Waiver
In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers.
United States
14 Apr 2016
Arbitration Provision Rejected In Franchise Dispute
The facts of the case were straightforward but for one twist. Caffe Vergnano is an Italian corporation that opens Italian-style coffee shops.
United States
6 Apr 2016
Diminished Value Claims Under Homeowners Coverage Certified In Georgia Class Action
The court in Thompson v. State Farm Fire & Cas. Co., 2016 U.S. Dist. LEXIS 30308 (D. Ga. 2016), recently issued a mixed ruling on class certification regarding diminished value claims for Georgia homeowners.
United States
21 Mar 2016
The Bitcoin Identity Crisis: Currency Or Property?
The confusion over Bitcoin grows in the latest lawsuit brought in a California bankruptcy court by Trustee Mark Kasolas against Marc Lowe, a former employee of HashFast Technologies LLC.
United States
23 Feb 2016
Supreme Court Disconnects Plaintiffs' Attempt To Avoid Class Arbitration Waiver
At issue in that case was a class action arbitration waiver that contained a provision stating that the entire arbitration provision was unenforceable if "the law of your state" made class action waivers unenforceable.
United States
23 Dec 2015
Safe Harbor Is Dead, Long Live Standard Contractual Clauses?
For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States.
United States
29 Oct 2015
CFPB Taking Steps To Ban Class Action Waivers
On October 7, the CFPB announced at a field hearing in Denver, Colorado, that it plans to propose rules via its rule-making authority that would prohibit financial services companies from including class action waivers...
United States
14 Oct 2015
Healthcare IT: 9 Tips For Contracting
Partner Alan L. Friel authored an article published in the June 23, 2015, issue of FierceHealthIT.
United States
8 Jul 2015
Increased Activity Seen Under The California Transparency In Supply Chains Act – Is Your Company Prepared?
In April 2015, the California Department of Justice began, for the first time, to send letters to companies regarding compliance with the California Transparency in Supply Chains Act.
United States
24 Apr 2015
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