theresa
The Fine Print in Employment Contracts: Jimmy John’s Wants Workers to Fork Over a Promise Not to Compete Dave Jamieson at The Huffington Post explains how Jimmy John’s corporate standard hiring packet contract contains a “non-compete” provision that franchisees may use and require employees to sign. Usually these types of restrictive clauses are found in…
Read MoreRalph Nader Discusses the Fine Print in “The Incarceration of the American Consumer” Nader writes: “We need to focus on the incarcerating infrastructure that corporate attorneys build year after year to insulate their corporate paymasters from structural accountability under the rule of law. Take the two main pillars of American law—contracts and torts. For half a…
Read MoreLost in the Fine Print (2014): Today, the Alliance for Justice releases a short film produced by AFJ President Nan Aron and the Director of Justice Programs, Michelle Schwartz, and moderated by former Secretary of Labor, Robert Reich. The film discusses the devastating consequences of forced arbitration in the fine print. The website where the…
Read MoreYour Firstborn Child for Free WiFi? A “Herod clause” in the Fine Print! Rachel Feltman reports here in the Washington Post and Tom Fox-Brewster of the Guardian has more details here about an experiment a security firm conducted in London. F-Secure was making a point: Six Londoners clicked right through the terms requiring them to give…
Read MoreMore Thank You Wanted to Know: The Failure of Mandated Disclosure By Omri Ben-Shahar and Carl E. Schneider (Princeton Press 2014) Omri Ben-Shahar, the Leo and Eileen Herzel Professor of Law at the University of Chicago, and Carl E. Schneider, the Chauncey Stillman Professor of Law and professor of Medicine at the University of Michigan,…
Read MoreH.R. 5499 Federal Legislation to Ban Contracts with Non-Disparagement Clauses On September 16, two members of Congress from the California delegation (Rep. Eric Swalwell and Rep. Brad Sherman) introduced “The Consumer Review Freedom Act,” H.R. 5499, to ban nondisparagement clauses in consumer contracts. Scott Michelman writes here at the Consumer Law and Policy Blog that…
Read MoreCalifornia Bans Non-Disparagement Contract Clauses that Prohibit Consumers from Criticizing Businesses in the Sale or Lease of Goods or Services In a preemptive strike to prevent litigation against consumers for their free speech rights, California passed a model consumer ban against “gag”provisions in contracts that limit consumers from criticizing a business (its employees or agents)…
Read MoreProfessor Nancy S. Kim on Here & Now talks to Jeremy Hobson about online “Wrap Contracts” On August 6, 2014, Professor Nancy S. Kim discussed here “What Are You Agreeing To In Online Contracts.” She mentions Faircontracts.org midway through the piece (3.46) and what consumers should look out for in online terms.
Read MoreThe Courthouse Doors Are Shutting Because of Forced Arbitration Lina Khan in the Washington Monthly, here, and Herman Schwartz, in The Nation, here, both have great articles explaining how consumers are being shut out of court because of the fine print in standard form contracts. The Supreme Court is allowing forced pre-dispute arbitration clauses to…
Read MoreContracts Law Prof Blog on Facebook’s “Creepy Experiment” On the Contracts Law Prof Blog are these interesting posts by the moderators discussing whether Facebook legally has the right to conduct an experiment wherein it researches its users’ moods by manipulating the contents of their newsfeeds. Professor Nancy S. Kim, author of Wrap Contracts, Foundations and…
Read More