News & Analysis as of

E-Commerce Website Owner Liability

Ogletree, Deakins, Nash, Smoak & Stewart,...

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

Proskauer - Minding Your Business

The (Potentially) Shifting Landscape of Online Marketplace Liability

Consumers are doing more and more shopping online. But when a consumer buys a product that is defective or counterfeit, are online marketplaces liable for misconduct by third-party sellers? E-commerce platforms have...more

Ward and Smith, P.A.

COVID Quarantine + Surge in eCommerce = … ADA Discrimination Claims?!

Ward and Smith, P.A. on

While much about COVID-19 and its long-term impact on businesses and the economy is unknown, its effect of a worldwide increase in a reliance on digital means to engage in business transactions is undeniable and unlikely to...more

Proskauer - New Media & Technology

Repeal of CDA Section 230?

In an interview with the editorial board of the New York Times, published today, former Vice President Joe Biden advocated for repeal of Section 230 of the Communications Decency Act (CDA). As readers of this blog may know,...more

BCLP

GDPR Privacy FAQs: Can organizations use “terms and conditions” consent to gain consent to the deployment of cookies?

BCLP on

No. The English supervisory authority, the ICO, has stated that consent requests must be “clearly distinguishable from other matters” and that bundling consent as part of terms and conditions in impermissible. According to...more

Proskauer - New Media & Technology

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available...

In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more

Proskauer - New Media & Technology

Recent Rulings Highlight Limits of CDA Immunity in Products Liability Cases against E-Commerce Platforms

In early July, an appeals court ruled that Amazon should be considered a “seller” of goods under Pennsylvania products liability law and subject to strict liability for consumer injuries caused by the defective goods sold on...more

Hogan Lovells

A game changer? China enacts first e-commerce law

Hogan Lovells on

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January...more

Proskauer - New Media & Technology

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

Arnall Golden Gregory LLP

News from AGG's Retail Industry Team - Summer Edition

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,...more

Goulston & Storrs PC

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

Goulston & Storrs PC on

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is...more

Latham & Watkins LLP

European Commission Unveils New Digital Single Market Proposals

Latham & Watkins LLP on

The Commission’s proposals aim to drive cross-border e-commerce in the EU and level the regulatory field across audiovisual media services and online platforms. On 25 May 2016 the European Commission (Commission)...more

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