Hewlett-Packard requested the ICANN an exception to the rule that new domain names must consist of at least three characters. The company wants to register .HP and claims that the rule puts HP in a disadvantaged position against its competitors, like IBM. See: Hewlett-Packard Wants .HP Domain Name at the Domain Wire. Technorati Tags: law, HP, domain name
Continue reading...A public hearing for H.B. 2696 is scheduled to take place today. The bill would, among other things, prohibit one contracting party from requiring the other party to agree to arbitration as a condition of the contract. It also provides that an agreement is unconscionable if its enforceability would violate a right protected by either the U.S. or Texas Constitutions. In addition, an agreement to arbitrate must be displayed prominently in 12-point bold type. The status of this bill can be found here. Technorati Tags: arbitration, ADR, law, H.B. 2696
Continue reading...The U.S. District Court for the Southern District of New York decided recently Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009). Plaintiff Fensterstock claims, on behalf of a class, that defendants Education Finance Partners (“EFP”) and Affiliated Computer Services (“ACS”) improperly applied an undisclosed fee to his law student loans. EFP and ACS filed a motion to compel arbitration, on the basis of the arbitration clause found in the Promissory Note. The court, pursuant to a choice-of-law clause, applied California law to determine whether the arbitration provision is unconscionable. Citing Discover Bank v. Superior Court, 113 P.3d 1100 (2005), the court set out a three prong test to decide when an arbitration clause requires a consumer to waive the right to bring claims on behalf of a class, that waiver is unconscionable: The waiver is found in a contract of adhesion. In a setting in which disputes between the contracting parties predictability involve small amounts of damages. It is alleged that the party with the superior bargaining party has carried out a scheme to deliberately cheat large number of consumers out of individually small sums of money. The court concluded that the arbitration clause is unconscionable under California law, thus, leaving an open door for a class action suit against the student loan providers EFP and ACS. Related Posts: Federal Court Bars Arbitration Over Student Loan Terms, Mark Hamblett, New York Law Journal. Houston Lawyer Loses License Because of Failure to Pay Debts, Debra Cassens Weiss, ABA Journal. Technorati Tags: law, arbitration, ADR
Continue reading...Last week, a Rhode Island federal court ordered Microsoft Corp. to pay $388 million to Uniloc USA Inc. for willful infringement of software patents. Uniloc USA Inc., et al. v. Microsoft Corp., No. 03-440, (D. R.I. 2009). The verdict is said to be one of the largest patent infringement jury awards in U.S. history. Related Posts: Oh Microsoft, Microsoft , Moderation Please: Rhode Island Seemingly Applies Frye in Microsoft Patent Infringement Trial, Colin Miller, EvidenceProf Blog. Will Microsoft’s Latest IP Loss Stick?, Zusha Elinson and Alison Frankel, Incisive Media. Microsoft Gets Slammed in Yet Another Patent Suit, Ashby Jones, Wall Street Journal. Technorati Tags: law, Uniloc v. Microsoft, software patent infringement
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.