Tag Archives: Second Circuit

YouTube “Gets Tubed” by Internal E-Mails Showing Knowledge of Copyright Infringement

It never ceases to amaze me what even sophisticated business people will write in an e-mail. Executives of YouTube are obviously sophisticated, both in business and technology, yet internal e-mails that surfaced in a major copyright lawsuit with Viacom have … Continue reading

Posted in Copyright, E-Discovery, Evidence, Internet, Uncategorized | Tagged , , , | 1 Comment

Second Circuit Thrice Holds that Class Action Waivers Are Unenforceable

Third time’s the charm, right?  The Second Circuit has struck down, for the third time, a class action waiver in an arbitration agreement between American Express and  merchants.  In re American Express Merchants’ Litigation.  This long-running case–which has already gone … Continue reading

Posted in Arbitration, Class Actions | Tagged , , | 1 Comment

The Second Circuit Sidesteps Stolt-Nielsen

Unlike Mark Twain, there’s an open question as to whether the Supreme Court’s decision in Stolt-Nielsen v. AnimalFeeds Int’l Corp. is dead or alive.  As you may recall, Stolt-Nielsen all but created a bright-line rule that class actions aren’t available … Continue reading

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