HNHacker News
TopNewBestAskShowJobs

bragen

12 karma · joined September 10, 2007

brianmragen@gmail.com
submissionscomments
bragen··on Paypal policy update: No class-action suits
Courts have avoided Concepcion with surprising frequency by holding that it did not preempt ordinary unconscionability rules.

There's a pretty good round up of illustrative opinions here: http://www.uclpractitioner.com/2012/03/new-opinions-interpre...

bragen··on Judge awards iPhone user $850 in throttling case
A bit of background on why (IMO) it's good to see these small claims cases succeed for non-trivial amounts:

AT&T is essentially class action proof post-AT&T v. Concepcion. AT&T had always put mandatory arbitration and class action waiver provisions in its contracts but states (most notably CA) usually ignored them and allowed class actions to proceed. In Concepcion, the Supreme Court said that the Federal Arbitration Act (an act that basically says promoting arbitration is so desirable any contract that calls for arbitration must be honored) preempts state law that would ignore those provisions.

In other words, the formula for becoming class action proof is now 1) insert mandatory arbitration provision; 2) insert class action waiver; 3) dare consumers to sue you one at a time.

Virtually the only way I see to overcome Concepcion right now is mass, coordinated (but individual), small claims suits or arbitrations. If AT&T had to face several million suits where it was actually relatively easy to win $850, they'd be begging for the old class action system.

bragen··on Y Combinator Is Now Getting Over One Application Every Minute
Count mine among the ones they received in the last minute. Great excercise -- glad I did it no matter what.
bragen··on Ask HN: Is my project worth pursuing?
Check out taphunter.com. They do something similar and, from what I understand, are getting pretty good traction here in San Diego.

It's at least one data point that users might want what you're building.

bragen··on YC Office Hours with PG and Harj
How do you come up with that number? According to http://www.edreform.com/Fast_Facts/K12_Facts/#ENROLLMENT, there are about 130,000 elementary schools in the US. Even if every single school in the nation used IXL, they'd only reach $25 MM in revenue. Given that IXL probably reaches some single-digit percentage of schools, $100 MM seems really high. Are parents buying this in droves?
bragen··on Ask HN looking for a co-founder
Is this for the online learning idea? What are you seeking in a cofounder (proficiency in a certain technology; background in education...)?
bragen··on Why Startups Fail (infographic based on Startup Genome data)
Wow, impressively thorough. Kudos.
bragen··on Why Startups Fail (infographic based on Startup Genome data)
I'm left unsure how they define "premature scale." If they simply mean "started paying more for customers than they're worth, and doing so on a massive scale," then, well, duh.

It would be more interesting to know what successful startups do at Stage 3. I doubt it's just wait longer.

bragen··on Can You Trademark a Color?
Perhaps even more famously (for law school nerds): http://en.wikipedia.org/wiki/Qualitex_Co._v._Jacobson_Produc....
bragen··on Debteye (YC S11) Wants To Be Your (Much Cheaper) Credit Counselor
Is it really an LLC? (See footer.)

That would seem strange for a venture-funded company.

bragen··on Where do you get your icons?
http://www.iconfinder.com is a good place to start.
bragen··on Ask HN: How do you evaluate a lawyer?
It's really tough if you aren't one (probably akin to the often-mentioned difficulty non-technical folks have evaluating programmers).

But there are a few places to start. First, Martindale-Hubbell is a respected reviewer of legal talent and provides ratings.

Second, if your lawyer happens to be a "SuperLawyer" you're probably in good hands. SuperLawyers represent the top 5% of a given field as voted by their peers.

Hope that gets you started.