As we have discussed, last week California passed a law barring the use of non-disparagement clauses and providing a private cause of action for seeking or threatening to enforce one, or for "otherwise penaliz[ing] a consumer for making any statement protected under this section" (that is, a statement "regarding the seller or lessor or its […]
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For years now, the National Highway Traffic Safety Administration (NHTSA) has authorized auto manufacturers to recall defective vehicles on a regional (rather than a national) basis. The idea, NHTSA maintains, is that some vehicle defects only matter regionally — say, in places that are cold or hot, for defects that supposedly are related to cold-weather […]
…asks this Harvard Magazine review of The Social Machine: Designs for Living Online, by Judith Donath. The review explains: One of [Donath's] goals is to help readers recognize possibilities between real names and online anonymity. She believes pseudonyms could provide more information, not less. “We can simultaneously have a rich impression of others and privacy,” […]
by Ted Mermin (Executive Director, Public Good Law Center), guest blogger As Scott Michelman's earlier post explained, the new California law barring nondisparagement clauses in consumer contracts promises to restrain a pernicious practice before it spreads widely. That in itself is a significant victory well worth celebrating. But here's hoping (and suggesting) that the new law also serve as […]
Watch here, laugh and enjoy. (And learn.) (Note to sensitive readers: in addition to some profanity, there's a rather detailed — but hilarious — digression regarding President Lyndon Johnson's difficulty fitting his private parts into his pants.) (Note to history buffs: this is worth watching for the LBJ bit alone.)
by Jeff Sovern I am partial to Lee Child's Jack Reacher novels. I buy the audio books and listen to them while driving, doing mindless chores, etc. In the latest, Personal, Reacher and a companion are discussing the activities of a British gang of criminals, and the sentence quoted above appears. Interesting to see that the […]
by Paul Alan Levy In two rulings in late August, the Texas Supreme Court addressed significant issues of free speech arising in defamation cases brought by companies against their critics – the availability of injunctive remedies, and the proper procedure for discovery to identify potential defamation defendants who spoke anonymously. The court staked out somewhat […]
…is the title of this expose (from personal experience), in Vox. A telling passage: In most cases like this [i.e. attempting to collect a deceased's debt from his family], the family is not liable for the debts, something we informed them of — that is, if they asked. But if a family without an estate […]
by Paul Alan Levy A dozen years ago, when I had just made the transition from doing union democracy law to cyberlaw, I took on the representation of an IT professional named Hank Mishkoff who modeled his work by creating a web site praising a shopping mall that was being built near his home, using […]
As explained in this article by Daniel Fisher, Seventh Circuit judge Richard Posner recently had some tough questions for proponents of a class-action settlement in which the plaintiff-consumers got coupons (that's right, $10 coupons to purchase the defendant's products!) and the plaintiffs’ lawyers got cash (a million bucks in fees). That's nothing new — that's […]