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Results: 1-10 of 106

Domain name disputes and the onus of truth

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • October 24 2014

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper

Applications for leave to appeal remanded - 23 October 2014

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • October 23 2014

On appeal from the judgment of the Court of Appeal for British Columbia pronounced July 10, 2013. The parties settled the applicant's compensation

“An employee does not necessarily get one free sexual harassment before he loses his job”, says arbitrator in upholding dismissal for Facebook harassment, threats

  • Dentons
  • -
  • Canada
  • -
  • October 21 2014

An arbitrator has upheld the dismissal of a unionized employee for one incident of sexual harassment and threats on Facebook. After an incident at

Ninth Circuit Court of Appeals demands more from website operators before terms of use will bind users

  • Wilson Elser
  • -
  • USA
  • -
  • October 17 2014

The Ninth Circuit's recent opinion in Nguyen v. Barnes & Noble Inc., No. 12-56628, August 18, 2014, US 9th Circuit, provides insight regarding

Threatening Facebook post provides grounds for dismissal

  • Norton Rose Fulbright LLP
  • -
  • Canada
  • -
  • October 10 2014

In the recent decision of CEP, Local 64 v Corner Brook Pulp and Paper Limited, 2013 CanLII 87573, a Newfoundland arbitrator found that comments

Motion to compel arbitration denied since Barnes & Noble didn’t provide reasonable notice of terms of use

  • Gordon & Rees LLP
  • -
  • USA
  • -
  • October 10 2014

On August 18, 2014, the Ninth U.S. Circuit Court of Appeals published its opinion in Nguyen v. Barnes & Noble, Inc. affirming the trial court’s

Web-based class action waiver requires real assent

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • October 3 2014

Can someone be required to arbitrateand waive any right to proceed as a class action in arbitrationmerely by using a web site? No, according to the

Ninth Circuit refuses to enforce browsewrap terms

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • September 25 2014

A recent decision by the Ninth Circuit reinforces the importance of obtaining affirmative user consent to the Terms of Use on a website in order for

Website terms and conditions: what constitutes acceptance? a recent U.S. case casts doubt.

  • Stewart McKelvey
  • -
  • Canada
  • -
  • September 25 2014

A recent U.S. Court of Appeals decision (Ninth Circuit, August 18, 2014) is a reminder to any of us seeking to impose contractual terms on our

Arbitration agreement on Barnes & Noble’s website not enforceable

  • Stinson Leonard Street LLP
  • -
  • USA
  • -
  • September 10 2014

In a case between an on-line customer and Barnes & Noble, the Ninth Circuit recently refused to enforce the arbitration agreement found in the