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Google Tests Waters for Potential Ultra-Fast Wireless Service
November 1, 2014
Google Inc is preparing to test new technology that may provide the foundation for a wireless version of its high-speed "Fiber" Internet service, according to telecommunication experts who scrutinized the company's regulatory filings. In a public but little-noticed application with the U.S. Federal Communications Commission on Monday, Google asked the agency for permission to conduct tests in California across different wireless spectrums, including a rarely-used millimeter-wave frequency capable...
November 1, 2014
Google Inc is preparing to test new technology that may provide the foundation for a wireless version of its high-speed "Fiber" Internet service, according to telecommunication experts who scrutinized the company's regulatory filings. In a public but little-noticed application with the U.S. Federal Communications Commission on Monday, Google asked the agency for permission to conduct tests in California across different wireless spectrums, including a rarely-used millimeter-wave frequency capable...
Google’s New Computer With Human-Like Learning Abilities Will Program Itself
November 1, 2014
The new hybrid device might not need humans at all. In college, it wasn’t rare to hear a verbal battle regarding artificial intelligence erupt between my friends studying neuroscience and my friends studying computer science. One rather outrageous fellow would mention the possibility of a computer takeover, and off they went. The neuroscience-savvy would awe at the potential of such hybrid technology as the CS majors argued we have nothing to fear, as computers will always need a programmer...
November 1, 2014
The new hybrid device might not need humans at all. In college, it wasn’t rare to hear a verbal battle regarding artificial intelligence erupt between my friends studying neuroscience and my friends studying computer science. One rather outrageous fellow would mention the possibility of a computer takeover, and off they went. The neuroscience-savvy would awe at the potential of such hybrid technology as the CS majors argued we have nothing to fear, as computers will always need a programmer...
Avvo Launches Service Providing On-Demand Legal Advice for a Fixed Fee
October 31, 2014
Avvo Inc., has launched a new on-demand service that provides legal advice at a fixed rate. In a Monday post at Law Sites, Robert Ambrogi provided details of Avvo’s latest venture, Avvo Advisor. Available as an online tool or through an iOS app, users of Avvo Advisor pay $39 for a 15-minute conversation with an attorney. Users enter their ZIP code and the nature of their legal inquiry before providing their credit card and contact information. Users then get a phone call from an attorney within...
October 31, 2014
Avvo Inc., has launched a new on-demand service that provides legal advice at a fixed rate. In a Monday post at Law Sites, Robert Ambrogi provided details of Avvo’s latest venture, Avvo Advisor. Available as an online tool or through an iOS app, users of Avvo Advisor pay $39 for a 15-minute conversation with an attorney. Users enter their ZIP code and the nature of their legal inquiry before providing their credit card and contact information. Users then get a phone call from an attorney within...
General Counsel Must Take Charge And Implement A Thoughtful ADR Approach
October 31, 2014
As the Chair of CPR’s Board of Directors Membership Committee, I would like to share with you an interview with Noah J. Hanft,...
October 31, 2014
As the Chair of CPR’s Board of Directors Membership Committee, I would like to share with you an interview with Noah J. Hanft,...
Minnesota Supreme Court Finds AAA Rules Give Arbitrator Power To Issue Sanctions Over $600 Million
October 31, 2014
The Minnesota Supreme Court today unanimously confirmed an arbitration award of over $600 million in punitive sanctions. Seagate Technology, LLC v. Western Digital Corp., (Minn. Oct. 8, 2014). Although the appellant argued the arbitrator exceeded his authority by severely sanctioning appellant for fabricating evidence, the court concluded that the parties’ agreement gave the arbitrator power to impose the sanctions. In contrast to the two recent state court decisions vacating arbitration awards,...
October 31, 2014
The Minnesota Supreme Court today unanimously confirmed an arbitration award of over $600 million in punitive sanctions. Seagate Technology, LLC v. Western Digital Corp., (Minn. Oct. 8, 2014). Although the appellant argued the arbitrator exceeded his authority by severely sanctioning appellant for fabricating evidence, the court concluded that the parties’ agreement gave the arbitrator power to impose the sanctions. In contrast to the two recent state court decisions vacating arbitration awards,...
Inherent Powers of Arbitrators to Deal with Ethical Issues
October 31, 2014
Margaret L. Moses, Professor of Law and Director of the International Law and Practice Program at Loyola University Chicago School of Law has authored Inherent Powers of Arbitrators to Deal with Ethical Issues, Forthcoming in the Fordham Papers 2014, Ed. Arthur Rovine; Loyola University Chicago School of Law Research Paper No. 2014-01. In her publication, Professor Moses examines the reasons an arbitrator may need to exercise his or her intrinsic powers to address ethical issues raised during the arbitral...
October 31, 2014
Margaret L. Moses, Professor of Law and Director of the International Law and Practice Program at Loyola University Chicago School of Law has authored Inherent Powers of Arbitrators to Deal with Ethical Issues, Forthcoming in the Fordham Papers 2014, Ed. Arthur Rovine; Loyola University Chicago School of Law Research Paper No. 2014-01. In her publication, Professor Moses examines the reasons an arbitrator may need to exercise his or her intrinsic powers to address ethical issues raised during the arbitral...
Statutory Damages under Lanham Act Section 35(c) Related to the Use of Counterfeit Marks
October 31, 2014
Section 35 of the Lanham Act, 15 U.S.C. § 1117, provides monetary remedies for trademark infringement, unfair competition, and willful trademark dilution. Subsection 1117(a) allows for the recovery of a defendant’s profits, any damages sustained by the plaintiff, costs of the action, and, “in exceptional cases,” the plaintiff’s attorney fees. Subsection 1117(b) applies with respect to violations that involve the intentional use of a known counterfeit mark, and it requires the court to treble...
October 31, 2014
Section 35 of the Lanham Act, 15 U.S.C. § 1117, provides monetary remedies for trademark infringement, unfair competition, and willful trademark dilution. Subsection 1117(a) allows for the recovery of a defendant’s profits, any damages sustained by the plaintiff, costs of the action, and, “in exceptional cases,” the plaintiff’s attorney fees. Subsection 1117(b) applies with respect to violations that involve the intentional use of a known counterfeit mark, and it requires the court to treble...
Patent Trolls: Can You Sue Them for Suing or Threatening to Sue You?
October 30, 2014
Much of the recent discussion about dealing with abusive litigation and licensing campaigns by so-called patent trolls and other non-practicing entities (NPEs) has focused on one of two things: (1) legislative attempts in Congress and the states to pass new laws, or amend the Patent Act, to make life more difficult for trolls; and (2) court decisions such as the Supreme Court’s recent opinions in Octane Fitness and Highmark, which significantly relaxed the standard for awarding attorney fees under...
October 30, 2014
Much of the recent discussion about dealing with abusive litigation and licensing campaigns by so-called patent trolls and other non-practicing entities (NPEs) has focused on one of two things: (1) legislative attempts in Congress and the states to pass new laws, or amend the Patent Act, to make life more difficult for trolls; and (2) court decisions such as the Supreme Court’s recent opinions in Octane Fitness and Highmark, which significantly relaxed the standard for awarding attorney fees under...
Website’s Hyperlinked Forum Selection Clause Valid
October 30, 2014
Hyperlinked terms of use provide sufficient notice to online customers, and the absence of an affirmative denial constitutes acceptance of contractual terms of use. Moretti v. Hertz Corp. Click-through agreements generally require some action, usually clicking a button. Such action unambiguously signifies that online users are assenting to the contract. The court in Moretti granted the defendants’ motion to transfer based on an imbedded or click-through forum selection clause to which the plaintiff...
October 30, 2014
Hyperlinked terms of use provide sufficient notice to online customers, and the absence of an affirmative denial constitutes acceptance of contractual terms of use. Moretti v. Hertz Corp. Click-through agreements generally require some action, usually clicking a button. Such action unambiguously signifies that online users are assenting to the contract. The court in Moretti granted the defendants’ motion to transfer based on an imbedded or click-through forum selection clause to which the plaintiff...
Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe
October 30, 2014
Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River Sioux Tribal Nation in South Dakota. Inetianbor v. CashCall, __ F.3d__, 2014 WL 4922225 (11th Cir. Oct. 2, 2014). The Eleventh Circuit found that arbitral forum was integral to the parties’ agreement, but unavailable, and therefore the dispute could remain in federal court. The...
October 30, 2014
Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River Sioux Tribal Nation in South Dakota. Inetianbor v. CashCall, __ F.3d__, 2014 WL 4922225 (11th Cir. Oct. 2, 2014). The Eleventh Circuit found that arbitral forum was integral to the parties’ agreement, but unavailable, and therefore the dispute could remain in federal court. The...
