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Contract Terms E-Commerce

Proskauer - New Media & Technology

Contract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”?

In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It...more

Buchalter

Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service

Buchalter on

Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more

Troutman Pepper Locke

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

Troutman Pepper Locke on

In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more

Goodwin

Ten Issues to Consider When Acquiring a Food Business

Goodwin on

The food industry is generally considered recession-resistant and less susceptible to economic downturns than other sectors, making it an attractive investment for private equity firms seeking stable returns. The increasing...more

Benesch

In California, Written Consumer Warranties Can No Longer Commence Before Delivery

Benesch on

On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more

Hogan Lovells

Änderungen im BGB seit 1. Januar 2022: Neues Vertragsrecht

Hogan Lovells on

Die Umsetzung der europäischen Warenkaufrichtlinie (2019/771) und der Richtlinie über die Bereitstellung digitaler Inhalte und digitaler Dienstleistungen (2019/770) in nationales Recht bringt einige wichtige Änderungen des...more

Hogan Lovells

Changes to the German Civil Code from January 1, 2022: New Contract Law

Hogan Lovells on

The implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019) and the Digital Content and Services Directive (Directive 2019/770 (EU)) into national law entails some important changes to the...more

Hogan Lovells

Änderungen im BGB ab 1. Januar 2022: Neues Vertragsrecht

Hogan Lovells on

Die Umsetzung der europäischen Warenkaufrichtlinie (2019/771) und der Richtlinie über die Bereitstellung digitaler Inhalte und digitaler Dienstleistungen (2019/770) in nationales Recht bringt einige wichtige Änderungen des...more

Stinson - Corporate & Securities Law Blog

Buyer Potentially Liable for Earnout Even Though it had Right to Operate Target in its Discretion

In Shareholder Representative Services LLC v Albertsons Companies, Inc., the aggrieved former shareholders of DineInFresh, Inc., d/b/a Plated, sought recovery of earnout consideration from Plated’s acquirer, Defendant,...more

Shutts & Bowen LLP

What to Expect Next in the Post COVID-19 Real Estate Market

Shutts & Bowen LLP on

The pandemic has significantly impacted the real estate sector. With a surge in the number of employees who work from home, the demand for office space has softened. At the same time, growth in e-commerce has exploded,...more

Carlton Fields

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

Carlton Fields on

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

Orrick, Herrington & Sutcliffe LLP

E-Commerce Businesses Beware: The Freedom to Contract does not Trump Reasonable Privacy Expectations

The EDPB’s new Guidelines on Article 6(1)(b) may severely limit e-commerce business’ ability to enhance data processing by unilaterally defining contractual services....more

BCLP

Public APIs Have Broad Applications, From E-Commerce to Payroll Management

BCLP on

This post is the second in a two-part series concerning emerging uses and considerations involving application programming interfaces, or “APIs.”     Most retailers and other large and mid-size businesses, and even some...more

Foster Garvey PC

OTA & Travel Distribution Update: Hilton's direct booking efforts enjoy success; Belgium's investigations into travel agency...

Foster Garvey PC on

We begin this week’s Update with some good news on the direct booking front. Enjoy....more

Proskauer - New Media & Technology

Notice of Terms via Buried Link within a Post-Sale Email Unenforceable

In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service’s motion to compel arbitration, finding that the user did not have reasonable...more

Mintz Edge

The Form is Always Wrong

Mintz Edge on

Mintz attorneys are often asked as to why we don’t simply provide “forms” on our website that can be downloaded and used. After all, a number of law firms let you download term sheets and other forms such as SAFEs. Our simple...more

Mintz - Consumer Product Safety Viewpoints

Stricter Automatic Renewal Law in California Commences July 1, 2018

On July 1, 2018, California’s revised Automatic Renewal Law (ARL), Cal. Bus. & Prof. Code § 17600 et seq., goes into effect. The updated law requires e-commerce sellers, doing business in California, to allow online...more

Carlton Fields

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

Carlton Fields on

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

McAfee & Taft

Now is the time to reevaluate commercial sales contracts that incorporate other documents by reference

McAfee & Taft on

Legal documents of all kinds – everything from wills and trusts to commercial sales agreements – often reference other documents. This “incorporation by reference” comes with certain risks. Historically, courts looked beyond...more

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