Arbitration clauses in commercial and consumer contracts can be an effective tool for limiting the time and expense associated with litigation. However, parties always may decide to litigate, assuming neither party seeks to arbitrate. When one party engages in litigation conduct and only later moves to compel arbitration, the other party may argue that the
Naomi D. Barrowclough
Is a Limited Partner’s Waiver of Their Statutory Right to Book and Records Enforceable? The Answer is Less than Clear.
Inspection rights in a partnership agreement are frequently ignored until a dispute arises. And by that time, a limited partner’s degree of access may make the difference as to whether a lawsuit is ultimately filed.
Section 17-305 of the Delaware Revised Uniform Limited Partnership Act , 6 Del. C. § 17-101, et seq. (“DRULPA” or…
Supreme Court Sharply Cuts Back TCPA Liability
Today, the United States Supreme Court resolved a circuit split regarding what constitutes an “autodialer” under the Telephone Consumer Protection Act (TCPA). In a blow to the plaintiffs’ bar, the Supreme Court ruled in favor of defendant Facebook, establishing a narrower, nationwide standard for what type of dialing equipment constitutes an “autodialer.”
The TCPA prohibits…
11th Circuit Adds to Circuit Split, Holding Threat of Future Harm and Associated Mitigation Efforts Is Not Enough to Confer Article III Standing on Data Breach Victims
Earlier this month, the Eleventh Circuit, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), affirmed the dismissal of a class-action lawsuit brought on behalf of patrons of a restaurant chain, holding that data breach victims must show more than a heightened risk of future…
Petco Cyberattack Serves as Useful Reminder of Best Practices for Preventing Data Breach
A putative consumer class action filed in California state court on Friday the 18th against Petco Animal Supplies Stores Inc. (Petco) and its wholly owned subsidiary PupBox Inc. (PupBox) alleges that between February and August an “unauthorized plugin” on the PupBox website caused the personal and credit card information of approximately 30,000 consumers to be…