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Arbitration Agreements Contract Terms Terms of Use

Fenwick & West LLP

That’s a Wrap: Ninth Circuit Signals Tougher Standards for Enforceability of Online Agreements

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On February 27, 2025, the Ninth Circuit affirmed the district court’s ruling in Chabolla v. ClassPass, finding that the “sign-in wrap agreement” on the ClassPass website was not an enforceable contract because it did not...more

Fisher Phillips

Federal Appeals Court Provides 3-Step Roadmap For Creating Enforceable Online Agreements

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A recent federal appeals court decision rejecting a business’s attempts at enforcing its online arbitration agreement offers lessons for businesses across the country on how to craft a valid agreement for your website. The...more

Carlton Fields

New York Court of Appeals Upholds Web-Based “Clickwrap” Agreement to Affirm Order Compelling Arbitration, Including Threshold...

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In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more

Hinshaw & Culbertson LLP

Wu v. Uber Tech., Inc.: New York State's Highest Court Issues a Veritable Instruction Manual for Drafting Enforceable Clickwrap...

Just before the 2024 holiday season, in Wu v. Uber Tech., Inc.,[i] New York State's Court of Appeals, the state's highest court, issued a veritable instruction manual for those involved in the online provision of consumer...more

Harris Beach Murtha PLLC

Uber’s Process for Obtaining Consent to Arbitration Upheld in NY Court

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Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and...more

Benesch

Ninth Circuit Provides Long-Awaited Guidance on Mass Arbitration Provisions

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In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more

Orrick, Herrington & Sutcliffe LLP

District Court upholds arbitration in website terms of use

On March 28, the U.S. District Court for the Western District of North Carolina ruled that class members must arbitrate their claims against an online lending marketplace relating to a 2022 data breach that affected current,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Live Nation Arbitration

This week, the Court addresses the enforceability of an arbitration provision in Live Nation and Ticketmaster’s terms of use. OBERSTEIN V. LIVE NATION ENTERTAINMENT, INC. The Court holds that Live Nation and...more

Carlton Fields

Second Circuit Affirms EDNY Ruling That Customer Is Bound to Arbitration Clause in Amazon’s Conditions of Use

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A customer argued that he is not bound to the arbitration clause included in Amazon’s conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the...more

Carlton Fields

Ninth Circuit Affirms Denial of Motion to Compel Arbitration in Smartphone App Case Based on Obscure “Browsewrap” Arbitration...

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The Ninth Circuit recently denied a motion to compel arbitration after concluding that an arbitration agreement “buried” in difficult to access terms for a smartphone app did not put users on constructive notice that they...more

Pierce Atwood LLP

District Of Massachusetts Holds That Consumers With No Arbitration Agreement Must Arbitrate Their “Closely Intertwined” Class...

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It is a legal maxim that arbitration is a creature of contract. A recent District of Massachusetts decision explores critical questions about when that creature can exist outside of the confines of a binding agreement to...more

Carlton Fields

Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon’s Conditions Of Use

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Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more

McGuireWoods LLP

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

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Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

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