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Tag Archives: contracts
Reading list: Cheating Pays
Emily Kadens, Cheating Pays, 119 Columbia Law Review 527 (2019) Common private-ordering theories predict that merchants have an incentive to act honestly because if they do not, they will get a bad reputation and their future businesses will suffer. In … Continue reading
failure to disclose vaping’s extra risks over smoking could be deceptive; no arbitration for Juul
Colgate v. Juul Labs, Inc., 2019 WL 3997459, No. 18-cv-02499-WHO (N.D. Cal. Aug. 23, 2019) Juul makes e-cigarettes and nicotine cartridges/pods. “Plaintiffs seek to represent a nationwide class and numerous subclasses in claims for false advertising, fraud, unjust enrichment, several … Continue reading
Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)
Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading
Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)
Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading
The hymn of Axiom: failure to disclose in FX trades doesn’t violate consumer protection law
Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order to benefit from … Continue reading
Click fraud claim against Google fails
Singh v. Google Inc., 2017 WL 2404986, No. 16-cv-03734 (N.D. Cal. Jun. 2, 2017) Singh alleged that Google falsely induced small businesses to participate in AdWords, resulting in payment for invalid clicks. Singh alleged: (1) breach of the implied covenant … Continue reading
What’s in the box? Not a valid agreement to arbitrate!
Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading
Spy Phone v. spy phone: Google loses motion to dismiss TM and other claims
Spy Phone Labs LLC. v. Google Inc., No. 15-cv-03756, 2016 WL 6025469 (N.D. Cal. Oct. 14, 2016) The plaintiff here, an app maker with a registered mark for Spy Phone for a monitoring app, squeaks past dismissal of its trademark … Continue reading
IPSC First Plenary Session
Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. But costs of creation have fallen; perhaps © should be narrowed as a result. Wrinkle: attention scarcity. Cheaper dissemination … Continue reading
Notre Dame Deception Roundtable, part 4
Session 4 – Contracts and Securities Discussion Leaders: Greg Klass, Ann Lipton, Andrea Matwyshyn Matwyshyn: there’s a duty to perform in good faith in the US, but no duty to negotiate in good faith. If you have an integration … Continue reading
