CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An internet consumer must, at a minimum, be...more
Booming internet usage means that virtually every company has a website and many companies use their website to enhance the user experience and collect information about their users. As a result, company websites have terms...more
The Ninth Circuit recently concluded that a consumer was not bound by updated terms merely because she accessed a website that contained new terms in a “browse-wrap” agreement on the website. The court also concluded that an...more
Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be...more
Courts continue to grapple with the enforceability of online agreements. While courts generally enforce clickwrap agreements—online agreements where users affirmatively show their acceptance after being presented with the...more
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to...more
Courts throughout the country continue to express skepticism over, and go to lengths to deny the enforceability of, arbitration provisions in consumer online agreements. A recent example from the New York Supreme Court for...more
Often times, in seeking to enforce a term or condition of an online transaction, such as an arbitration clause, an online vendor will discover that (in the eyes of the law) the consumer never agreed to the transaction’s terms...more
In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more
With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being...more
BakerHostetler invites you to join us for a one hour complimentary seminar (followed by Q&A) offering practical considerations for managing risk and liability in online and other contracts. Our session will cover trending...more
This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more
In an important decision underscoring the challenges faced by retailers and others in enforcing online arbitration agreements with their customers, the U.S. Court of Appeals for the Second Circuit has reversed a district...more
In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more
Anyone who has purchased a product online or downloaded software for a computer, tablet or mobile device has likely encountered “browsewrap” and “clickwrap” agreements. Such agreements are the bread and butter of companies...more
Nearly every website, app or online service posts a set of Terms of Use outlining company policies for users (sometimes called Terms of Service) (“Terms”), but many companies do not know if their Terms are enforceable in...more
Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more
The United States Court of Appeals for the Ninth Circuit recently decided the case of Kevin Khoa Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. 2014). This case highlights the importance of making website Terms of Use...more
Operators of social media platforms and other websites must manage a large number of risks arising from their interactions with users. In an effort to maintain a degree of predictability and mitigate some of those risks,...more
Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...more
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
Many Canadian businesses are involved in researching and developing cutting-edge technology in a number of areas including: information technology, high-tech, life sciences, pharmaceuticals, clean technology, environmental...more