Online retailers should not exclude the cession of claims for defects in general terms and conditions

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Facts Two commercial internet traders were parties to a dispute upon which a decision was taken in October 2015 by OLG Hamm. The defendant company operates in such market sectors as commercial electrical and electronic equipment, coffee machines, refrigerators, and washing machines. It utilises general terms and conditions that include ... Read More »

Did the DMCA hinder researchers in discovering VW’s emissions defeat device?

Did the DMCA hinder researchers in discovering VW’s emissions defeat device?

By now, everyone has probably heard about the Volkswagen “emissions scandal” involving the company’s alleged use of software on its vehicles that evaded testing to pass emission standards. Amidst this, several articles and news organizations have speculated that copyright laws prevented researchers from discovering Volkswagen’s defeat device sooner.   The story ... Read More »

Running sweepstakes on Facebook & Co. in Germany –  risks and side effects

Running sweepstakes on Facebook & Co. in Germany – risks and side effects

When running sweepstakes and other promotion activities on Facebook or Twitter it is essential to be aware of local law pitfalls arising in connection with terms and conditions. Guidelines issued by Facebook & Co. in regard to the realization of promotion activities (e.g. the “Facebook Pages Terms”) do not cover ... Read More »

Sometimes You Want To Be Ordinary: Restructuring Payment of Past Due Accounts to Avoid Bankruptcy Preference Liability

Sometimes You Want To Be Ordinary: Restructuring Payment of Past Due Accounts to Avoid Bankruptcy Preference Liability

Because bankruptcy filings were up over the past several years, debtors and trustees in those cases are now at the point of filing preference lawsuits in bankruptcy courts across the country.  Relying on Section 547(b) of the Bankruptcy Code, plaintiffs in these lawsuits seek the return of funds received from ... Read More »

Roetzel Recap: Labor Relations

Roetzel Recap: Labor Relations

Company Requesting Specific Level of Production before Wage Increases Forced to Open Books to Union A metal processing company and the United Steel Workers (USW) were engaged in protracted negotiations in an attempt to obtain their first contract. During bargaining, the Company stated that it had to retain a specific ... Read More »

The ‘entire agreement clause’ vs. the Haviltex standard

The ‘entire agreement clause’ vs. the Haviltex standard

Commercial contracts often contain an ‘entire agreement clause’. An entire agreement clause stipulates that the written agreement contains all the arrangements between the parties and usually reads along the lines of: “This agreement constitutes the entire agreement between the parties”. This article discusses the effect of an entire agreement clause ... Read More »

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