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Drafting Broad Arbitration Clauses

In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum selection and arbitration clauses in separate contracts apply to a single...more

No Assent Without Affirmative Action – Challenges in Binding Former Subscribers to TOS Amendments

Two decisions from earlier this year illustrate the difficulty in enforcing terms of service (TOS) amendments against former subscribers or customers. Even when a company provides the former subscriber with notice of the TOS...more

CARES Act Funding and Support for Telehealth

As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress appropriated significant funding for a number of telehealth programs and initiatives, including funding for programs administered by the...more

Partisan Gridlock on Open Internet Rules Likely to Continue Until Court Ruling

Uncertainty over whether the U.S. Court of Appeals for the District of Columbia Circuit will overturn the FCC’s Open Internet rules appears to be a major roadblock to any bipartisan resolution of the issue in Congress. James...more

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