| Volume 105 Number 5 |
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The People’s Lawyer’s Tip of the Day
Starting a new business can be risky, and the type of business determines your individual liability.
If you run a business in your own name, or as a partnership, you are responsible for all the liabilities of the business. To protect yourself, consider operating the business as a corporation or limited liability company. An attorney can help you make the right choice.
For more general information about the law, check out my website.
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Holiday Gift Guide
Are you having trouble finding the perfect gift for your significant other, co-worker, or friend?
Consumer Reports has you covered.
This year, Consumer Reports breaks down the best gift ideas into multiple categories. You will find categories like gifts for mom, gifts for dad, gifts for teens, and gifts for kids. Alternatively, you can search for the best gifts under $200, $100, $50, and $25. Moreover, the site hosts an impressive Gadget Gift Finder for the technology-minded and a robust Holiday Gift Ideas page with information on the best deals and time saving advice.
If you're stumped this holiday season, check it out.
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Lawsuit Accuses Apple of Deleting Songs
Did Apple delete music in your library because you downloaded it from a competing service?
Apple, which owns and operates iTunes, is having to answer this question after a class action lawsuit in California accused Apple of using the tactic to undermine competition and drive consumers to use iTunes instead.
According to the lawsuit, consumers who downloaded music outside of iTunes would receive an error message with instructions to restore to factory default settings. After the restart, plaintiffs allege any music downloaded from competing sources would disappear.
Plaintiffs are asking for $350 million. That number could triple under antitrust laws.
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Your Money
How much of your social security benefit can be taxed?
Click here for more.
For the Lawyers
Arbitration clause that lacks mutuality is unenforceable.
The Arkansas Supreme Court held that an arbitration clause that required only the consumer to arbitrate was unenforceable.
The court stated,
“This court has been resolute that there is no mutuality of obligation where one party uses an arbitration agreement to shield itself from litigation, while reserving to itself the ability to pursue relief through the court system. As set out above, Alltel clearly reserved to itself the option of pursuing remedies other than arbitration, without the consequence of waiver. Moreover, that reservation and protection was limited solely to Alltel and was not extended to the customer. Succinctly put, Alltel provided itself with an “out” to the required arbitration….”
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