Contracts
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Nvidia forces consumer lawsuit into arbitration
Plaintiffs filed a class action suit against Nvidia alleging that Nvidia falsely advertised a game streaming feature for its Shield line of devices which was . . .
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Software reseller not entitled to preliminary injunction to protect customer relationships
Plaintiff CD appointed defendant SST to be the exclusive reseller to certain customers of CD’s software development platform. CD sued SST for breach, and SST . . .
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Online retailer’s browsewrap agreement was not enforceable
Plaintiff sued defendant Urban Outfitters under California law over the way that the retailer routed messages sent using the company’s website. Defendant moved to compel . . .
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Unauthorized press release caused drone software deal to crash
Usually back in the boilerplate section, technology contracts often contain a provision saying the parties will not issue press releases without the prior written consent . . .
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Click to Agree: Online clickwrap agreements steered bank lawsuit to arbitration
Plaintiffs sued their bank alleging various claims under state law. The bank moved to compel arbitration based on various online clickwrap agreements plaintiffs had entered . . .
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Disclaimer in software license agreement protected vendor from liability
A recent federal court case alleging breach of contract over failure of software to perform highlights the importance of careful drafting and review of disclaimer . . .
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IP warranty in the spotlight: Licensor’s failure to assure licensee of rights leads to litigation
In the recent breach of contract case in federal court in New York, we learn about what it takes for a copyright licensee to successfully . . .
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Shake Shack shakes off typeface breach of contract claim
In an ongoing federal case in New York, the well-loved restaurant Shake Shack finds itself embroiled in a copyright and contract dispute with House Industries, . . .
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Customer was not “under duress” to agree to clickwrap agreement for continued services
Plaintiff filed a lawsuit in federal court against car maker Hyundai alleging issues airsing from Hyundai's Blue Link and connected services. Defendant Hyundai moved to . . .
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California court decision strengthens Facebook’s ability to deplatform its users
Plaintiff used Facebook to advertise his business. Facebook kicked him off and would not let him advertise, based on alleged violations of Facebook's Terms of . . .