-Popcorns heating up-
The once-used-arbitration, conceived as a way to reduce costs and speed up process, looks now like an abused right to higher costs and limit litigation, even towards employees.
First Lawyer in the Netherlands to avail himself of he digital litigation.
Add insult to data breach.
123m clients of Equifax have lost their perosnal data, but luckily the company allows them to check whether their data has gone stolen.
Just check the box to agree on T&Cs that you would only sue them in arbitration and lose your rights to a class action.
The immediate correction allowed ocnsumer to opt out within 30 days from the agreement to the T&Cs.
All of this happened right before the 18th Sep, date by which the CFPB will enforce a law banning class action right waiver for consumers.
The Netherlands as a growing-business country and The Netherlands as one of the first ones to set up comemrcial courts in English to serve multinationals.
What we know so far is that:
- the start date has been postponed – discussion in the lwoer chamber took place on 18th July 2017,
- This new court will be lodged within the Amsterdam Court and the Dutch Commercial Court of Appeal,
- The cassation procedure will be held in Dutch,
- Staff will not be exclusively Dutch but composed of international experts able to master the English language,
- Applicability of this Court will be subject to both parties agreeing to it while consumer-relate disputes won’t be accepted,
US courts are becoming more European.
A plaintiff triggered a lawsuit in Florida against the company behind Pokemon Go (Niantic Inc.) since its T&Cs were “illusory, deceptive, unfair, and/or unconscionable”.
Such privisions gave Niantic the right to unilatrally modify the agreement, to edit or delete one users’s data and similar nice stuff.
Well, the court denied protection to the plaintiff, because:
- he had not yet suffered a damage (good work on the prevention of it, anyway)
- the applicable law was the one from California, which could not be unapplied in Florida.
Bail hearings are being accompanied by algorithms to ensure unbiased outcomes and serve only as a guide. This IT-solution leverages a database of +1,5m hearings, coming from 300 jurisdictions.
A glimpse of light in U.S. Courts. Instead of detention and social services like those you can see in the movies, these young vandals were ordered to visit the holocaust museum and write monthly essays on books written by black, Jewish and Afghan writers, since the “Court purpose #1 is to rehabilitate convicts”.
Another trend lots of legals are not aware of is the funding of litigation (and prisons) from third parties.
Although on the one hand it allows short-resourced parties to afford litigation, this phenomenon also sets some worrisome issues:
- firstly, what if “investors” decide to fund only litigation where sucess’ rate is higher?
- on top of percentages on awarded damages, additional expenses are required (and render the process less profitable): upfront due-diligence, NDA drafting and the funding agreement.
- Although in English litigation, a third-party funder of an unsuccessful litigant could be liable to contribute towards the costs of the other side in proportion to the initial contribution, within arbitration boundaries, this is less clear and it may force the funder to resort to security for its costs.
- conflict(s) of interest may arise
- Privilege and confidentiality may vary across countries.
Further issues come along and the question is once again: is more regulation the answer?