Arbitration provisions are common features of commercial agreements. Arbitration is often touted as a cost-effective alternative to litigation that provides contract parties the freedom to decide everything from what law the arbitrator should apply, to what issues the arbitrator should
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Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
Litigation Update on Illinois’ Biometric Information Privacy Act
Earlier this year, we reported on the potential breeding ground for litigation under Illinois’ Biometric Information Privacy Act (“BIPA”). A recent decision from an Illinois state appellate panel on the different limitations periods that apply to BIPA provides guidance for…
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English High Court Clarifies Appropriate Causes of Action in Data Claim Where Defendant Was a Victim of Third-Party Cyber-Attack
In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and the tort of negligence might be…
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State Infringement of Copyright Cannot Proceed in Federal Court, Fifth Circuit Says
When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in Allen …
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Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability
On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy because Washington does…
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Minnesota Files Price Gouging Suit Against Egg Producer
Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against Sparboe Farms, Inc. alleging the company…
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Ownership of Inventions By Former Employers: Lessons after Bio-Rad v. ITC
By Sarah Cork
The situation is familiar: an employee leaves one company to go work for another, or perhaps to found her own start-up. She may be working on the same problems that she faced at her former workplace, and in the same…
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New York and Chicago-Style Pizza Wars: The Trademark Edition
The great pizza wars of 2021 are not what you might expect. While the courts will never be able to resolve the question of who (or where) makes the best pie, a pair of decisions from the last few weeks…
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Employers Can Keep Employees on Premises Post-Shift—at a Cost
By Yena Hong
According to a recent decision, employers who want to keep employees on their premises for security checks after they have already clocked out must pay their employees to do so—at least in Pennsylvania.
In 2013, two Amazon.com employees filed…
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E-Commerce Platform Facing Price Gouging Scrutiny
In the early days of the pandemic, COVID-19 was synonymous with a mad dash for anti-virus home items like hand sanitizer, toilet paper, and anti-bacterial wipes. Amazon emerged from the shopping frenzy as key source of these products and hosts…
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