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In what might be analogized to Mitt Romeny's infamous 47-percent remark, veteran lobbyist Richard Berman advised oil and gas companies to pursue smear campaigns to discredit environmental activists, according to a recent New York Times story on a secretly-recorded speech Berman made to industry executives in June. This paragraph from the Times story gives a […]
Read the Ditlow-Nader New York Times op-ed.
. . . and finds Pennsylvania's law wanting in his column, N.J. wrong to consider weakening consumer protection. An interesting natural experiment.
by Jeff Sovern Elayne Greenberg, Paul Kirgis, Yuxiang Liu, and I have posted a draft of our article, "Whimsy Little Contracts" with Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements, to the web. Here's the abstract: Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the […]
Attorneys general are now the object of aggressive pursuit by lobbyists and lawyers who use campaign contributions, personal appeals at lavish corporate-sponsored conferences and other means to push them to drop investigations, change policies, negotiate favorable settlements or pressure federal regulators, an investigation by The New York Times has found. For instance, the Times reports: […]
Here. New School professor Lisa Servon, based on her forthcoming book.
Cheryl B. Preston of Brigham Young has written 'Please Note: You Have Waived Everything': Can Notice Redeem Online Contracts? Forthcoming in the American University Law Review. Here is the abstract: Online consumers are largely unaware of the extent to which their actions are governed by legal terms in the form of clickwraps or browsewraps. These contracts […]
In light of our post earlier today, I'm reminding our readers that Jesinoski v. Countrywide Home Loan is scheduled for oral argument in the Supreme Court next Tuesday, November 4. Here's the question presented: Does a borrower exercise his right to rescind a transaction in satisfaction of the requirements of Section 1635 by “notifying the […]
The Truth in Lending Act gives consumers the right to rescind many (but not all) consumer-credit transactions under specified circumstances. The courts have disagreed over how a consumer must notify the lender that she is exercising her recission right. That's the topic of Avoiding the Nuclear Option: Balancing Borrower and Lender Rights Under the Truth […]