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Federal District Court Refuses to Compel Arbitration, Holding That's "Browsewrap" Agreement Was Not a Valid Contract

The recent decision in In re 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

Browsewrap Arbitration? Enforcing Arbitration Provisions in Online Terms of Service

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

Online Browsewrap Agreement Unenforceable Due to Lack of Notice, Illusory Terms

In In re, 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 Clickwrap Data Pass Contract Dispute. Second Circuit Sacks E-mail Notice of Post-Transaction Terms

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

Terms E-mailed to Internet Customer After Purchase Are Insufficient To Create Binding Agreement to Arbitrate

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

Facebook App: Dispute Resolution Terms Upheld

In a Facebook app called “SuperPoke! Pets”, players adopted virtual pets and acquired or purchased virtual currency to buy things for their virtual pets. As one of the first Facebook apps, the game took off in popularity...more

Resolving Life Science Collaboration Disputes

This article first appeared in Law360, May 11, 2012. Life science companies frequently collaborate to develop drugs or devices. Some collaboration agreements refer disputes to arbitration. Others are silent so any...more

British Columbia On-line Dispute Resolution

On May 7, 2012, the Ministry of Justice for British Columbia announced the introduction of Bill 44, the Civil Resolution Tribunal Act. If enacted, British Columbia would become the first jurisdiction in Canada to create a...more

Promega Corp. v. Life Technologies Corp. (Fed. Cir. 2012)

Last month, in Promega Corp. v. Life Technologies Corp., the Federal Circuit affirmed a decision by the District Court for the Western District of Wisconsin granting a motion to compel arbitration by Invitrogen IP Holdings,...more

Challenges of Microsoft Server-Client Licensing

Server licensing often can be a complex undertaking. Christopher Barnett, of intellectual property and technology law firm Scott & Scott, LLP, discusses a number of complicating factors to keep in mind when analyzing...more

Take 5: Views You Can Use - October 2011

In This Issue: 1. California Imposes Obligations on Retail and Manufacturing Employers to Evaluate the Risk of Human Trafficking and Slavery in Its Product Supply Chain On January 1, 2012, the California...more

Cloud Computing - Five Things to Consider

"Cloud computing" has been rolling in for several years now and it's clear that it's here to stay. Amazon, Apple, AT&T, Google, Microsoft and Verizon all have cloud service offerings for individuals and enterprises....more

Basic Law for Web Designers No 1: Introduction to Contract Law

I have been consulted by web designers and their customers ever since the earliest days of the wold wide web. I have read and reviewed many of their contracts and drafted a large number of my own. Sometimes I have represented...more

District Court in Texas Rejects Online Terms of Service as Illusory and Unenforceable

On April 15, 2009, a Texas federal district court held that an arbitration provision in Blockbuster’s online terms of service was “illusory” and unenforceable because Blockbuster had reserved the right to change the terms of...more

Arbitration begins with the contract

Arbitration, one form of alternative dispute resolution, is an integral part of the fabric of many agreements. How an arbitration clause is drafted can have a significant impact in the event of a dispute involving the...more

Non Disclosure Agreement with Arbitration Clause for Intellectual Property, Patent, Trade Secret, Idea, Manufacture, Invention

Exemplary Non Disclosure Agreement (NDA) with arbitration clause. This document does not constitute legal advice and prior to executing any contract, an individual or entity should carefully review the provisions with an...more

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