: Mediators are often asked by parties or their counsel to send them a copy of their “standard Agreement to Mediate” for review. But is there such a document? If by “standard” we mean some prescribed form followed by all mediators, the answer is no. Virtually every mediator has his or her own Agreement. Some are based on agreements provided in mediation training, while others are quite customized. This article hasits origin in a recent mediation. One of the three lawyers attending had clearly not read the Agreement to Mediate, although it had been sent to him weeks earlier. When . . . [more] The post The “Standard” Agreement to Mediate appeared first on Slaw
: Today, 22 states joined the Federal Trade Commission in filing suit against Amazon, alleging that the company engaged in deceptive and unfair practices that secretly inflated prices in its online search advertising auctions. The complaint alleges that, for over seven years, Amazon has covertly and substantially increased the prices that more than one million brands and sellers were required to pay to advertise on its platform. As a result, the complaint alleges that Amazon’s scheme has likely extracted tens of billions of dollars from its unwitting advertising customers. “When one of the world’s largest online retailers engages in unfair and deceptive conduct, the impact can be staggering,” said Chairman Andrew N. Ferguson. “Amazon has millions of advertising customers who were misled into paying significantly higher prices. These higher costs were largely passed on to American consumers. The FTC under President Trump won’t allow this deception to continue.” The FTC, along with the attorneys general of Ala[...]
: Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents. Image Ind[...]
: <p>This paper reports on an experiment which connects document design with document theory. Document design is about what documents should do. We use the example of document graphs and of Cosma, a visualization program created during the HyperOtlet research programme, to show how theory can inform design decisions and help conceptualize results. This paper is currently under peer review.</p> <hr/> <section id="document-design-or-information-design" class="level1"> <h1>Document design or information design?</h1> <p><span class="citation" data-cites="findeli2015">Findeli (2015)</span> defines design as diagnostic and prescriptive, an example of “projective” epistemology: designers view the world as a project to realize, rather than an object to know. This definition of design implies that document design is less about what documents <em>are</em> and more about what they <em>should do</em>. This aligns with the evolution of document theory from an ontic view of documents to a functional one, which was pioneered[...]
: Brussels, 20 January - The European Data Protection Board (EDPB) has adopted a report on the implementation of the right of access by controllers . The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the Coordinated Enforcement Framework (CEF). It lists the issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. A central element is controllers’ awareness of the EDPB Guidelines 01/2022 on data subjects rights – Right of access and whether these guidelines were followed in practice. EDPB Deputy Chair Zdravko Vukíc said: “The CEF is a valuable initiative that helps strengthen the cooperation among Data Protection Authorities (DPAs): by tackling selected topics in a coordinated fashion, they achieve greater efficiency and more consistency. How controllers implement the right of access lies at the heart of data protection and it is one of the most frequently exercised data subject rights[...]
: From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs). Today: Adapting the SALI Taxonomy to the Canadian Legal Environment , b y Michael McAlpine , Manager, Information, Research & Knowledge at Siskinds (London, Ontario) On September 28 th , the Knowledge Management Special Interest Group of CALL met to discuss and learn about the Legal Matter Specification Standard developed by the SALI Alliance . The SALI Alliance (Standards Advancement for the Legal Industry) is a non-profit organization open to all stakeholders in the legal community. Members include law firms, companies, legal service providers, legal industry associations and academic institutions. Founding sponsors are the Legal Marketing Association (LMA) and the Association of Legal Administrators (ALA). Guest speaker Jim Hannigan spoke about the history of the taxonomy and the current uses of it in the legal industry. Michael McAlpine then discussed the work d[...]
: Brussels, 18 February - The European Data Protection Board (EDPB) has adopted a report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) . The Board selected this topic as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals. The main objectives of this coordinated action are to ensure that the right to erasure is effectively exercised by individuals in Europe and understand how controllers comply with this right in practice. In addition, the EDPB identified good practices and the most important related challenges, with the aim of providing further guidance on this topic. Throughout 2025, 32 DPAs across Europe took part in this initiative. More specifically, 9 DPAs have initiated new formal investigations or have continued ongoing ones, and 23 DPAs carried out a fact-finding exercise. A total of 764 controllers across Europe responded to the action, ranging from small and medium-sized[...]
: FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices lfair July 30, 2018 | 11:05AM FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices By Lesley Fair If it looks like a duck and quacks like a duck, it’s probably a duck. But the same can’t be said for a mailer that looks like an official invoice. It could be an “o- fishy -al” offer that deceptively mimics the appearance of a government document. A case filed by the FTC and the Florida Attorney General challenges the practice of sending mailers that allegedly create the false impression that small businesses are required to buy labor regulation posters from the sender. Consider what defendants Starwood Consulting, also doing business as Corporate Compliance Services, and company president Thomas Henry Fred, Jr., sent to small businesses. The mailers – which include a Washington, D.C., 202 area code – are titled “LABOR LAW COMPLIANCE REQUEST FORM” and include the warning “Failure to comply with posting regulations can lead to fine[...]