facebook-pixel
Gary Lynch is a partner of Carlson Lynch Pittsburgh (412) 322-9243 | San Diego (619) 762-1910

GARY F. LYNCH | IN THE NEWS

GARY F. LYNCH | IN THE NEWS 2018-09-04T23:47:27+00:00
Ticking all the boxes

Ticking all the boxes

THE ECONOMIST MAGAZINE | June 30, 2016

If a prize were to be awarded for the world’s clunkiest prose, the paragraphs of indecipherable text that make up “terms of use” agreements would surely win. These legal thickets are designed to protect companies from litigious online shoppers and users of web services. Some firms require agreement, as when users are asked to click a box before creating an Apple ID. Other sites explain their policies without seeking customers’ explicit consent. Few consumers read these terms, let alone understand them. Because they involve no negotiation between customer and company, firms often insert language conferring broad protections to lower their risk of liability. But in a new twist, legal disclaimers designed to limit lawsuits are now unleashing litigation.

Read more about Ticking all the boxes

PITTSBURGH POST GAZETTE

PITTSBURGH POST GAZETTE | February 7, 2015

If a prize were to be awarded for the world’s clunkiest prose, the paragraphs of indecipherable text that make up “terms of use” agreements would surely win. These legal thickets are designed to protect companies from litigious online shoppers and users of web services. Some firms require agreement, as when users are asked to click a box before creating an Apple ID. Other sites explain their policies without seeking customers’ explicit consent. Few consumers read these terms, let alone understand them. Because they involve no negotiation between customer and company, firms often insert language conferring broad protections to lower their risk of liability. But in a new twist, legal disclaimers designed to limit lawsuits are now unleashing litigation.

Read more about Attorney Gary Lynch cyber-attack cases

THE LEGAL INTELLIGENCER

THE LEGAL INTELLIGENCER | September 12, 2017

UPMC Data Breach Case accepted to be heard by Pennsylvania Supreme Court The justices of the Pennsylvania Supreme Court have agreed to hear a case alleging the University of Pittsburgh Medical Center was liable for the theft of its employees’ identities.

Read more about UPMC Breach case

BLOOMBERG BNA

BLOOMBERG BNA | November 9, 2016

Arbitration Protest Redressed Nov. 8 — A strip club can’t push a wage-and-hour lawsuit by exotic dancers out of federal court in Pennsylvania and into arbitration, an appeals court ruled ( Herzfeld v. 1416 Chancellor, Inc. , 2016 BL 370730, 3d Cir., No. 15-2835, unpublished 11/7/16 ).

Jessica Herzfeld and other performers at the Gold Club in Philadelphia signed a contract with a provision saying claims arising out of the contract would go to an arbitrator, Judge Julio M. Fuentes wrote for the U.S. Court of Appeals for the Third Circuit in an unpublished opinion Nov. 7. But the contract was fashioned as a property lease, in which the dancers rented the club’s stage. The claims arose under the Fair Labor Standards Act and state wage laws, not the landlord-tenant contract.

Read more about Arbitration Protest Redress of strip club wage-and-hour lawsuit

TRIBLIVE

TRIBLIVE | November 11, 2013

Former Blush dancer sues strip club over low pay Dancers who wear very little at the Downtown strip club Blush also sometimes earn very little, a former dancer claims in a federal lawsuit.

“Indeed, after paying all fees, fines and tip-outs, plaintiff has on several occasions taken home compensation of $30 or less for an eight-or-more-hour shift,” the lawsuit by Katisha Correll says.

Correll, whose age and address were unavailable, claims that Blush classifies dancers as independent contractors and doesn’t pay them.

Read more about Former Blush dancer suit over low pay

WALL STREET JOURNAL

WALL STREET JOURNAL | February 7, 2014

WALL STREET JOURNAL | February 7, 2014 Banks Heap Suits on Target Over Breach After getting struck by a massive data breach, retailers like Target Corp. need to worry about another punishing risk: a pile-on of angry banks.

Read more about Banks’ Suits on Target Over Breach