Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more
9/16/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Biometric Information Privacy Act ,
E-Commerce ,
Hyperlink ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Online Contracts ,
Privacy Policy ,
Putative Class Actions ,
Retailers ,
Terms and Conditions ,
Terms of Service ,
Terms of Use ,
Websites
We continue to wait to see if the Supreme Court will accept LinkedIn’s petition to overturn the Ninth Circuit’s blockbuster ruling in the hiQ Labs case. In that case, the appeals court held that an entity engaging in...more
In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more
9/10/2019
/ Appeals ,
Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Data Collection ,
E-Commerce ,
LinkedIn ,
Preliminary Injunctions ,
Revocation ,
Social Media ,
Terms of Use ,
Unauthorized Access ,
User Agreements ,
Web Scraping ,
Website Owner Liability
This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more
10/16/2017
/ Appeals ,
Computer Fraud and Abuse Act (CFAA) ,
Facebook ,
Former Employee ,
Petition for Writ of Certiorari ,
SCOTUS ,
Social Media ,
Terms of Use ,
Unauthorized Access ,
US v Nosal ,
Web Scraping
In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v....more
10/9/2017
/ Amazon ,
Appeals ,
Class Action ,
Clickwrap Agreements ,
Corporate Counsel ,
Internet Retailers ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Terms and Conditions ,
Unconscionable Contracts ,
Unfair or Deceptive Trade Practices ,
Websites
In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more
On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL 3661491 (Cal. App. July 24, 2014), which allowed a restaurant owner to proceed...more