Apple and Google Increase No Poaching Lawsuit Settlement 

The employee class action lawsuit against Apple, Google, Intel, Adobe and other Silicon Valley tech companies is nearing settlement. The judge approved an increase in the employee damages from $324 million to $415 million. This represents compensation lost by employees who were not hired away by one of the companies from another company because of a secret agreement between them …

California Health System Adopts E-Signature Technology

The solution helps the Salinas Valley Memorial Healthcare System meet the Electronic Health Records Meaningful Use requirements. Now a hospital system allows surgery consent forms to be signed by e-signature. It reduces paperwork time and costs, and satisfies electronic health records incentives. Source: California Health System Adopts E-Signature Technology

If You Like My Slideshare, Please Vote for My SXSW V2V Panel Proposal by January 23

I have a new Slideshare presentation “5 Things to Do Before You Start A New Job“. If you like this adaptation of my earlier post “Business Booms Where Employee Noncompetes Are Banned, Fed Study Infers, But Use in U.S. Grows“, please vote for my South by Southwest V2V Panel Proposal before Friday, January 23 at http://panelpicker.sxsw.com/vote/44079. SXSW V2V, “A Boutique Event …

A Paris Triumph for Artistic Freedom – With Contract Law – Newsletter 6

I. Clifford Brown Joins the Lionel Hampton Band Before Hampton Orders a Recording Ban for his European Tour II. Quincy Jones and Clifford Brown Go “Underground” in Paris at Night III. Fame and Jazz Glory – Hampton Threatens to Fire Brown – The Contract Law Solution IV. Coda “You’ve got to keep it going.” – Dizzy Gillespie to Clifford Brown …

Business Booms Where Employee Noncompetes Are Banned, Fed Study Infers, But Use in U.S. Grows – Newsletter 5

Dear Readers, I. What Are Employee Noncompete Agreements, and Why Are They Important? II. Richmond Fed Study Ties Detroit Auto Boom to Michigan Ban on Employee Noncompete Agreements III. Richmond Fed Study Ties Silicon Valley Boom to California Ban on Employee Noncompete Agreements IV. Arguments for Employee Noncompete Agreements V. Arguments Against Employee Noncompete Agreements VI. Increasing Use of Noncompete …

Can AT&T Wireless “Throttle” its “Unlimited Data” Customers? – Newsletter 4

Dear Readers, Here is my analysis of the FTC’s suit against AT&T Wireless. I. FTC Sues AT&T for Deceiving its Smartphone Customers II. How AT&T’s Smartphone Data Throttling Works III. AT&T’s Defense of Adequate Disclosure to Customers IV. What Should AT&T “Unlimited Data” Smartphone Customers Do Now? I. Federal Trade Commission Sues AT&T Mobility LLC in San Francisco Federal Court …

Every1’s Guide New Website and Free Info! Now in iBooks+Print! Vote for My SXSW Panel!

Dear Readers, NEW WEBSITE Since I last communicated with you, I have drastically revised my website, www.charleshmartin.com and www.every1sguide.com. It now includes a video introduction, and links to four free video lessons on “What Makes a Contract?”, “Contract Form Requirements and Electronic Contracts”, “Contract Breach, Remedies and Defenses”, and “International Contracts”. The new website also includes links to free PDFs …

Russia Ratifies the U.N. Electronic Contracts Convention – A Step Toward Market-Based Legal Principles? – Newsletter 3

I. The Purposes and Rules of the Electronic Contracts Convention II. Three Differences Between Common Law and Civil Law Legal Systems III. The Russian Federation Civil Law System Preference for Written Contracts IV. The Russian Federation and Other Ratifications of the CISG Requiring Written Contracts V. The Lithuanian Elimination of Domestic and CISG Written Contract Requirements Follows a Shift From …

Q&A With “The Art of Negotiation” Author Michael Wheeler

Q&A With “The Art of Negotiation” Author Michael Wheeler “Plans are worthless. Planning is everything.” This quotation of General Dwight D. Eisenhower is included in the linked Washington Post interview with Michael Wheeler, Harvard Business School professor, and author of the new book “The Art of Negotiation”. It summarizes Wheeler’s essential advice on negotiations of all types – business, diplomatic, …

Percentages of Credit Card Contracts With Required Arbitration 2012

Percentages of CFPB-Filed Credit Card Contracts Requiring Arbitration in 2012 by Issuer Type Here is a second chart of some results from the CFPB Arbitration Study Preliminary Results. Clearly, credit unions were least likely to impose arbitration on consumers and large banks were the most likely to do so….See More — at http://www.consumerfinance.gov/reports/section-1028a-arbitration-study-results-to-date/.

Average Annual Number of Consumer Finance Arbitrations Filed

This is the Average Annual Number of Consumer Finance Arbitrations Filed with the American Arbitration Association (AAA) from 2010 to 2012: credit cards – 344; checking accounts – 24; payday loans – 46; prepaid debit cards – 1. AAA does almost all of the consumer arbitrations in the U.S. The total number of 415 is very small compared to the …

CFPB Arbitration Study Preliminary Results

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) requires the Consumer Financial Protection Bureau (CFPB) to study the effects of consumer finance arbitration clauses. These are contract clauses that require any future disputes between consumers and companies to be resolved through private arbitration, rather than in court. Consumers are required to accept these clauses in “take-it-or-leave-it” …

Clicking “Agree” Without Reading the Fine Print – Always Enforceable?

I called in to The Kojo Nnamdi Show in response to the panel’s request to listeners for information about judicial decisions that have invalidated unfair online contracts. I have two chapters in my book, Chapters B.9 and B.11, which describe some U.S. and E.U. judicial decisions that have invalidated such contracts. Chapter A.7 describes U.S. contract law defenses to contract …

Yo! Did the Beastie Boys Make a Contract With Monster Energy, or What? – Newsletter 2

I. DJ Z-Trip Meets Monster in Lake Louise, Canada and in Court II. A Text Message Saying “Awesome!” Created a Million Dollar Contract, So Could DJ Z-Trip’s Email Saying “Dope!” Create a Contract? III. The Basic Requirements for Creating a Contract IV. The Electronic Cigarettes Case Versus the DJ Z-Trip Case as Contract Creation Examples V. Could Monster Energy Have …

Your Facebook Status Update Could Cause Your Old Employer to Sue You – Newsletter 1

I. Employers Go Overboard With Non-Compete Clauses II. The Rise of Non-Compete Clauses in Employment III. The Spread of Non-Compete Surveillance to Social Media IV. The Current Common Law and Statutory Law of Contracts on Non-Compete Agreements V. Pushback in State Legislatures Against Employee Non-Compete Agreements   I. Employers Go Overboard With Non-Compete Clauses Employment contracts that prohibit former employees …