...and obviously that is just as exciting for us. Much
has been said about the dangers of playing Pokémon Go (see
here and
here). We wondered ('cuz we're lawyers) with all these
Pokémon Go related injuries, maybe there will be a class
action?
Well, like Uber and AirBnB, the company behind Pokémon
Go, Niantic, has had the foresight to make sure its T&Cs
include an arbitration clause. It is what companies do to avoid
being the target of class actions or being sued in foreign courts.
The difference here is that Niantic's arbitration clause is a
little more evolved than others we have come across (in
Pokémon speak it's like a Charizard or a Raichu).
First, the arbitration will take place in the country where you
live. Secondly, if your claim is below US$75,000, Niantic will pay
all the filing, administrative and arbitrator fees. Finally, even
if Niantic wins the dispute it waives its right to recover legal
fees and expenses. Imagine if Niantic threw in
some
