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In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more
E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the...more
On August 18, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision not to enforce a retailer’s online “browsewrap” arbitration agreement because the retailer failed to provide adequate...more
Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an online auction, to uploading media to a storage locker. These agreements,...more
We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for...more
Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more
District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more
A business relationship is just that: a relationship. It has phases like any other relationship, and takes effort and mutual interest from both parties to keep it functional. While ideally every business relationship will...more
A recent WIPO Survey assessed the use of alternative dispute resolution (ADR) clauses in various technology transactions, and the results make for interesting reading for anyone who is in the business of negotiating...more
Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll take a look back to the developments from the last quarter of 2013, and look ahead to some percolating issues at the Appellate...more
On December 16, the U.S. Court of Appeals for the Ninth Circuit held that an online marketing company cannot compel arbitration in a suit brought by a putative class of consumers who claim they were improperly charged for a...more
In this opinion, the Court of Chancery denied the defendant’s motion to dismiss the plaintiff’s complaint for specific performance of a license agreement, holding that the plaintiff’s claims were not subject to mandatory...more
Microsoft is dropping its new console, the Xbox One, just in time for Christmas this year. The official unveiling occurred last month and reviews have been . . . mixed. The most controversial aspects of the console were...more
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more
On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more
On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more
The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more
Two recent developments should have all app providers reviewing their privacy practices and policies. On Monday, December 10, the Federal Trade Commission released its latest report on privacy disclosures and kids apps....more
Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more
The recent decision in In re Zappos.com Inc., Customer Data Security Breach Litigation is an important reminder to online businesses that rely on browsewrap agreements to ensure that they effectively bind their end users to a...more
Originally published in the New York Dispute Resolution Lawyer Newsletter, Fall 2012, Vol. 5, No. 2 on October 29, 2012
Companies that provide services to consumers have often sought to reduce the risk of class action...more
In In re Zappos.com, Inc., 2012 WL 4466660 (D. Nev. Sept. 27, 2012), a Nevada district court ruled that an arbitration clause contained in a browsewrap agreement that could be accessed via an inconspicuous link buried near...more
In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration...more
In a fascinating decision, the Second Circuit has ruled that an internet merchant cannot compel arbitration with aEmail consumer, when it only emailed the consumer the arbitration agreement after the consumer agreed to the...more
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