A recent federal court case alleging breach of contract over failure of software to perform highlights the importance of careful drafting and review of disclaimer and other language in technology contracts. Loss of livelihood In 2021, a federal court entered an order that permanently barred plaintiff from preparing tax returns for other people. The court’s [...]
In the recent breach of contract case in federal court in New York, we learn about what it takes for a copyright licensee to successfully assert that a warranty from the licensor as to copyright ownership has been breached. Licensee’s unsuccessful efforts to verify the truth of the facts warranted provided a key basis for [...]
In 2015, plaintiff began posting book reviews on Amazon, but in 2019 Amazon revoked his review privileges due to guideline violations, including reviews that criticized Donald Trump and two authors. After arbitration in 2020 favored Amazon, plaintiff and Amazon reached a settlement allowing plaintiff to post reviews if he adhered to Amazon’s policies. However, in [...]
Imagine this scenario – a well-known founder of a company sets up social media accounts that promote the company’s products. The accounts also occasionally display personal content (e.g., public happy birthday messages the founder sends to his spouse). The company fires the founder and then claims it owns of the accounts. If the founder says [...]
