Jacob Eidinger

⚖️ legal marketer. workers' rights advocate. EDM, fitness, bob's burgers 🏳️‍🌈

[Jacob Eidinger @JacobEidinger]

Narrator: they hadn't. https://t.co/qIGJ2DTViS

[Jacob Eidinger @JacobEidinger]

"Quid pro quo assumes equality, and equality does not factor into the casting couch, which belongs to the 'caster' who controls its use and whatever job opportunity might arise from it."

Excellent commentary on Harvey Weinstein's retrial by @marymacTV

https://t.co/EUarv84ePG

[Jacob Eidinger @JacobEidinger]

@rscharf_ @billboard That is so cool. Congrats Rachel!!

[Reuters Legal @ReutersLegal]

Mastercard has agreed to pay $26 million and audit its employment practices to settle claims that it systematically underpaid an estimated 7,500 female, Black, and Hispanic employees across the country, according to a court filing https://t.co/Hr0S5tM0am

[Jacob Eidinger @JacobEidinger]

Mastercard, Inc. has agreed to pay $26 million to settle a proposed class action accusing the company of underpaying female, Black and Hispanic employees.

Mastercard disputed the allegations and did not admit to wrongdoing as part of the settlement. https://t.co/rb0tvnHzsX

[Ben Smith @semaforben]

.@ReedAlbergotti scoop: Employee lawsuit accuses Apple of spying on workers https://t.co/W2a069ZFF8

[Alexandria Ocasio-Cortez @AOC]

Women know that men don’t scheme to “dress like girls” to assault them.

They do it every day in broad daylight. And the ones in power protect each other to keep it quiet.

Just ask the House Ethics Committee. Or the President-elect of the United States.

Leave women alone.

[alex @aloomf]

the only thing america hates more than a rapist is a woman

[Jacob Eidinger @JacobEidinger]

@Cheryl528 Thank you 😁

[Blu Hydrangea @BluHydrangea_]

I hate gay halloween what do you mean you’re babs from chicken run 🧶🍗

[Jacob Eidinger @JacobEidinger]

I'm back in DC at the @TAFCoalition 24th Annual Conference!

Enjoying learning all about the high-stakes world of whistleblower law.

#TAFcoalition #whistleblowers

[Jacob Eidinger @JacobEidinger]

BREAKING: Welcome to the team @jonsteingart :)
https://t.co/Nsf64ih6eJ

[Law360Union @law360union]

WE HAVE A DEAL! (1 of 3) We have ended our week-long ULP strike after agreeing late last night to a five-year contract deal.

[Law360Union @law360union]

TIME’S UP @Law360 and @LexisNexis: We’ve offered you plenty of opportunities to reach a fair contract and remedy your unlawful practices at the table but tonight, just after midnight, we will walk off the job on an open-ended ULP strike.

[Jacob Eidinger @JacobEidinger]

A Texas federal judge has blocked the FTC's nationwide ban on non-compete agreements.

Non-competes are still banned in four states, and restricted in many others.

Here's what workers need to know about the Texas ruling. #FTC #BanNonCompetes https://t.co/lWUhRI7Yoq

[Jacob Eidinger @JacobEidinger]

As a Philadelphian, I can tell you this question matters to local voters.

(He went to Pat's, in case you need more evidence of JD Vance's untrustworthiness)

[Aaron Rupar @atrupar]

you're a reporter who gets a chance to ask JD Vance a question on national TV ... and you ask him this?

[🦋 Where's Jamie? 🦋 @jrtoastyman]

I've had a few people ask me about this, so just going to share my thoughts publically. The thing that's kinda crazy about it is that if you just look purely at the language of the agreements, there's a logical way to get where Disney is going. There IS in fact an arbitration agreement, and it DOES in fact purport to cover all claims against Disney, and it isn't limited to just things arising from the use of Disney+ or anything like that. So if you're just looking at the contractual language, it's not completely bananas.

With that said, while arbitration clauses are generally enforceable, you're not going to find any reported case where such a clause has been applied so broadly or to such draconian effect. To say that Disney's argument is "novel" would be a colossal understatement. So just asking "does the contract say this" doesn't necessarily end the inquiry.

In short, there does need to be some common sense applied. The law is not supposed to create bizarre, nonsensical outcomes, it's supposed to align with what people generally expect. And no one would ever expect that signing up for a 1 month free trial for a streaming service would waive your 7th Amendment rights and preclude you from ever suing Disney about anything, even things totally unrelated to the Disney+ service like a wrongful death claim at a restaurant on Disney property, in perpetuity. It's absurd.

For that reason, there's a concept in contract law called unconscionability that basically says that contractual terms that are so procedurally and/or substantively unfair or lopsided are void. And I think the reaction of the general public to this underscores that this falls into the "shock the conscience" category of contractual terms. So for that reason, I doubt Disney's argument succeeds (though we've seen courts do some pretty weird things lately, so who knows).

One final note: arbitration agreements are everywhere these days, and I hate them as a consumer protection lawyer. There's a case from 2011 called AT&T Mobility LLC v. Concepcion where the Supreme Court blessed the use of arbitration clauses buried in terms and conditions to preclude people from bringing their claims before a jury and bringing class actions to remedy consumer wrongs at all -- which, because the amount in controversy is generally too small to warrant individual litigation, means that there's no recourse at all. SCOTUS basically included a blueprint in the decision for how to insure that corporations would never have to face a consumer class action, and every company worth its salt has followed it. I can't tell you how many otherwise viable cases I have had to turn down because of Concepcion in the last decade. Consumers are largely without meaningful recourse.

So, if there is one good thing that's come of this, it's that it is shining a light on something really awful but super common that very few consumers are aware of. These arbitration clauses have a very real impact on your consumer rights, and we ought to be pushing back on their inclusion.

If you've read this far, thanks for indulging me.

[Harper Freeman @harpfreee]

Members of the Law 360 Union told me that bargaining has been moving at a glacial pace for the last year and a half and management has been trying to "claw back," some provisions workers got in their first contract.

My story on the strike threat:

https://t.co/ToSAUn081C

[Jacob Eidinger @JacobEidinger]

@AliciaMcElhaney @iimag @julie_segal @Mike_Thrasher Congratulations Alicia!!!

[Jacob Eidinger @JacobEidinger]

@davidmackau every major airline?