Two bits of VERY EXCITING news! First, Nancy Kim is back to posting on the blog (see her below)!! Second, SCOTUS holds in Bissonnette that transportation workers do not have to work for the transportation industry to be exempt under FAA § 1.
In the past months, more and more companies have forced their users into private arbitration agreements to avoid lawsuits and class actions.
But few have gone as far as #Roku - the device gets completely disabled until the user accepts the new arbitration rules.
Like in previous cases, it’s opt-out rather than opt-in, opt-out requests must be mailed on physical paper to the company itself (but I guess that a fax, a telegram or some smoke signals may work as well), and the opt-out window only lasts a few days. This has become a common pattern - when you don’t want somebody to do something, you just increase the friction of the process to nearly ridiculous levels.
Legislators ought to act fast. The right of suing an offender and call them accountable in front of the law is a fundamental democratic right just like voting. Forced arbitration processes are a denial of our fundamental democratic rights. And we’re letting a bunch of companies be above the law by simply dropping an updated T&Cs email in our box.
Newcomer here.👋 I'm Mark Heftler, NJ/NY licensed attorney, based in Northern New Jersey, serving as Arbitrator Relations Counsel at Forthright. My role centers around managing and guiding arbitrators in dispute resolution, with a particular interest in how legaltech innovations can enhance our field.
I'm here to connect with peers who share a passion for the evolving landscape of law and technology. Looking forward to exchanging thoughts and insights. #Introduction#Arbitration#legaltech
Coinbase users had their accounts hacked and they tried to sue. Coinbase moved to compel arbitration and, for the usual reasons, the court granted the motion
Noticed that Meta/FB has updated their ToS #Arbitration agreement to defang the recent trend of filing thousands of identical arbitration requests, jamming up company legal teams and forcing them to pay to initiate the processes. Now they limit to 25 “similar claims” and the result of those claims will be used to mediate all remaining claims at once.
Pennsylvania court refuses to enforce Uber's browsewrap arbitration provision because (get this!) it strips users of their right to a jury trial without adequate notice. I love it!
If you’re a #ProtonMail user residing in the United States, then make sure to opt-out of the new arbitration provisions.
If you don’t opt-out, you can still turn to Swiss courts, but you would have to go through arbitration for any disputes brought and found to have jurisdiction in the US.
Opt-out through written notice to their Swiss address below within 30 days.
Proton AG Attn: Legal Route de la Galaise 32, 1228 Plan-les-Ouates Geneva, Switzerland
#Lindell is motivated to add to his L column it seems. Considering he wrote the rules to have the contest subject to #arbitration seems odd to then claim the arbitrator exceeded authority. Also seems odd that Lindell didn't have to plead with more particularity. #law#lawfedi#litigation#contracts