Nevada Business Law BLogMay 4May 120ADR, Arbitration Arbitrator, Business Law, Copyright Law, Corporate Governance, Cyber Law, Employment Law, Entrepreneur, Estate Planning, Franchise Law, Identity Theft, Insurance, Intellectual Property, Litigation, Mediation Mediator, Real Estate, Torts, Trademark Law
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Many of the complaints that I hear from litigators about arbitration could be resolved if the arbitration clause which forced the parties into litigation were written better. Arbitrations are, of course, a creature of contract. Therefore, the parties’ arbitration agreement is often the beginning and end of the arbitrator’s authority. The arbitrator is bound to give effect to the contractual rights and expectations of the parties “in accordance with the terms of the agreement.” In fact, although the Federal Arbitration Act presumes that arbitration awards will be confirmed except upon a few narrow circumstances, the arbitrator who acts beyond the scope of the authority found in the parties’ arbitration clause risks having the award vacated. So, if you want the arbitrator to behave differently, write a better arbitration agreement. (more…)
Identity Theft is a Crisis of The Modern Era
We are seeing more and more cases of identity theft all the time. The recent breaches at Home Depot, Target, Anthem, and Sony illustrate the breadth of the problem.. This issue is certainly a topic of national concern. While there are legal means to redress this problem, the best protection is to avoid identity theft altogether. The following are some suggestions for preventing, or at least limiting the extent of, identity theft. (more…)
A new law in California, effective January 1, 2015, requires online websites and mobile app companies to permit a minor to remove content posted by a minor. The new law, Bus & P C §§22580–22582, allows minors who are registered users of the website or app to either remove the content themselves or to request the removal by the app or website operator. (more…)