Federal Prosecutors May No Longer Be Able to Demand Blanket Appeal Waivers

Federal Prosecutors May No Longer Be Able to Demand Blanket Appeal Waivers

Two weeks ago we posted here about a recent, fairly awful Third Circuit decision, United States v. Erwin, upholding boilerplate waiver-of-appeal clauses to the point of punishing a wayward appellant — who took a sentencing appeal in apparent violation of his waiver agreement — by setting his case down for resentencing and releasing the Government from its obligation to file a downward departure motion for cooperation.

Ninth Circuit Upholds TERO Requirements in Indian Country Mineral Leasing

By | North America Shale Blog | September 29, 2014

Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal and tribal regulations applicable to Indian Country requires expertise and invariably adds time and costs to projects.

Monday Morning Regulatory Review: SCOTUS 2014 Term Preview

By | Federal Regulations Advisor | September 29, 2014
Credit: Flickr user zacklur

Rather than looking back to last week, this edition of the Monday Morning Regulatory Review focuses on the United States Supreme Court (SCOTUS) return to the conference room this morning, and to the bench on October 6, after a three-month flextime / flexplace schedule. 

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

By | Socially Aware Blog | September 23, 2014
To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of use agreement not affirmatively “click accepted” by the consumer but readily accessible through a hyperlink at the bottom left of each page on the subject website.