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Browsewrap Agreement Corporate Counsel

Goodwin

Recent Court Decisions Shed Light on Enforceability of Electronic Contracts in the U.S.

Goodwin on

A number of U.S. state and federal courts have recently considered whether the manner in which companies presented to their users a variety of electronic contracts (e.g., terms of service) was sufficient to form an...more

Kilpatrick

Internet contracts – beyond clickwrap and browsewrap

Kilpatrick on

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

Carlton Fields

Ninth Circuit Holds That a Change-of-Terms Provision Cannot Bind Parties To a New Browse-Wrap Agreement

Carlton Fields on

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

Kilpatrick

Internet terms of use: Ninth Circuit enforces arbitration agreement accessible through browsewrap hyperlink

Kilpatrick on

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

Manatt, Phelps & Phillips, LLP

Gambling on Browsewrap: Casino App Loses Huuuge Bet on Enforcing Terms of Use

Last month, the Ninth Circuit affirmed a Washington district court’s decision to deny Huuuge’s bid to arbitrate a proposed class action based on a browsewrap agreement....more

Wilson Sonsini Goodrich & Rosati

Developments in Enforceability of Arbitration Provisions in Consumer-Facing Online Agreements

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

Cozen O'Connor

Recent Decision Sends Companies Rushing To Review Browsewrap Agreements

Cozen O'Connor on

A California federal court recently held in Rushing v. Viacom, Inc. that an arbitration provision in Viacom’s End User License Agreement (“EULA”) was one click shy of enforceability, and denied the company’s motion to dismiss...more

Proskauer - New Media & Technology

CFAA and Breach of Contract Claims Dismissed in Website Data Scraping Suit

This past week, an Illinois district court dismissed, with leave to amend, claims relating to a competitor’s alleged scraping of sales listings from a company’s website for use on its own site. (Alan Ross Machinery Corp. v....more

Proskauer - New Media & Technology

Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider. The case is particularly important as it addresses the common practice...more

Proskauer - New Media & Technology

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

Proskauer - New Media & Technology

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

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

Ballard Spahr LLP

Second Circuit: Placing Order Online Did Not Bind Customer to Amazon’s Arbitration Provision

Ballard Spahr LLP on

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

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

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

Morrison & Foerster LLP - Social Media

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

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