LEGAL THOUGHTS

This blog contains our personal opinions on legal topics that interest us.

December 16, 2019

There have been a number of cases where websites have brought breach of contract claims against data scrapers (Southwest Airlines Co. v. Roundpipe, LLC, No. 18-0033 (N.D. Tex. Mar. 22, 2019); CouponCabin, Inc. v. PriceTrace, LLC, No. 18-7525 (N.D. Ill. Apr. 11, 2019); ...

September 16, 2019

In a January 2016 blog post, I wrote about how a concessionaire - Delaware North Companies, Inc. - who lost the contract to run the Yosemite National Park operations appeared to own the tangible and intangible property associated with Yosemite Park, such as the names o...

August 15, 2019

On May 20th, the U.S. Supreme Court ruled that a trademark licensor in bankruptcy can reject a trademark license as an executory contract under 11 U.S.C. § 365(a) (Mission Product Holdings, Inc. v. Tempnology, LLC, (139 U.S. 1652, rev’g 879 F.3d 389 (1st Cir. 2018))....

February 25, 2019

What is the U.N. Convention on Contracts for the the International Sale of Goods (CISG)?  And, why do so many contracts state that it does not apply?

CISG is a international treaty that sets forth a uniform set of rules to govern an international sale. It automatically...

December 10, 2018

No oral modification clauses appear in almost all contracts.

The clauses typically say something similar to "No amendment or modification of the Agreement shall be effective unless signed by authorized representatives of both Parties." 

New York even has a specific statu...

April 2, 2018

Our prior post (see link), examined a recent order that permitted a business to continue to scrape publicly available information from LinkedIn.  In that decision, the court examined whether the business violated the U.S. Computer Fraud and Abuse Act (CFAA), 18 U.S.C....

May 15, 2017

     Last year, the New York City Council passed a law known as the Freelance Isn't Free Act that specifically addressed issues facing gig economy workers. The law takes effect today, May 15, 2017 (a copy of the law as enacted is here). The law amended T...

January 27, 2017

     Independent contractor. Work-for-hire. These terms appear inextricably linked. However, work-for-hire isn’t quite the panacea people believe it to be.

     Under copyright law, the author of a work is the copyright holder. See 17 U.S...

October 17, 2016

     On July 28, 2016, the Court of Justice of the European Union (ECJ) held that a choice of law provision in a e-commerce website's terms and condition could be unfair to consumers.  Verein für Konsumenteninformation v. Amazon EU Sàrl, Case C...

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