In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v. Amazon.com, Inc., No. 15-56799 (9th Cir. Sept. 19, 2017) (unpublished)).  In finding that Amazon’s “Conditions of Use” were not unconscionable...… Continue Reading
In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the defendant’s data scraping activities.  LinkedIn’s brief was filed on October 3, 2017.  In it, LinkedIn asserts that the relevant issue is whether the lower...… Continue Reading

Recently, the “trolley problem,” a decades-old thought experiment in moral philosophy, has been enjoying a second career of sorts, appearing in nightmare visions of a future in which cars make life-and-death decisions for us. Among many driverless car experts, however, talk of trolleys is très gauche. They call the trolley problem sensationalist and irrelevant. But...

The post Yes, the Trolley IS a Problem appeared first on Socially Aware Blog.

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On October 3, 2017, the U.S. Environmental Protection Agency (EPA) promulgated a final significant new use rule (SNUR) under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified generically as bimodal mixture consisting of multi-walled carbon nanotubes (MWCNT) and other classes of carbon nanotubes (CNT), which was the subject of...… Continue Reading

In December 2016, the United States Copyright Office introduced an online registration system and electronically generated directory to replace the office’s old paper-based system and directory for filing DMCA agent information. The office no longer accepts paper designations. To designate an agent, a service provider must register with and use the office’s online system.

While the change to an electronic directory is noteworthy, those with existing DMCA agent registrations (filed to the old, paper-based registry) must submit new DMCA agent filings before the end of 2017. Per the US Copyright Office website, any service provider that has designated an agent with the office prior to Dec. 1, 2016, in order to maintain an active designation with the office, must submit a new designation electronically using the online registration system by Dec. 31, 2017. Any designation not made through the online registration system will expire and become invalid after Dec. 31, 2017. Until then, the copyright office will maintain two directories of designated agents: the directory consisting of paper designations made pursuant to the office’s prior interim regulations which were in effect between Nov. 3, 1998, and Nov. 30, 2016 (the old directory), and the directory consisting of designations made electronically through the online registration system (the new directory). During the transition period, a compliant designation in either the old directory or the new directory will satisfy the service provider’s obligation under 17 USC § 512(c)(2) to designate an agent with the copyright office. During the transition period, to search …


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Consider This Tax-Smart Medical Expenses Strategy Various limits apply to most tax deductions, and one type of limit is a “floor,” which means expenses are deductible only if they exceed that floor (typically a specific percentage of your income). One example is the medical expenses deduction. Because it can be difficult to exceed the floor, a common strategy is to “bunch”... Continue Reading
This year’s Clio Conference in New Orleans just concluded. Clio calls itself a cloud based law practice management software company. Every year, it holds a conference with lots of razzle dazzle, speakers and parties. And it always skates where the puck is going. This year was no exception. While it offered a slew of new... Continue Reading