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Sheppard Mullin Richter & Hampton LLP

Ninth Circuit En Banc Reverses Panel Decision and Holds Non-Resident Corporation Providing Web-Based Payment Processing Platform...

In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more

Troutman Pepper Locke

Online Tracking Case Dismissed by Ninth Circuit Holding that Online Purchase Does Not Subject Web-Based Payment Processing...

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In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit was tasked with determining whether the alleged extracting and retaining of consumer data and tracking of customers using an online payment...more

Fenwick & West LLP

Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

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On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair...more

Verrill

Help! My Social Media Influencer Caused a Riot

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The statistics speak for themselves: - Influencer marketing in the US is valued at over $16 billion. - 72% of Gen Z and Millennials follow influencers on social media. - 89% of marketers intend to increase influencer...more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Kohrman Jackson & Krantz LLP

Amazon Prime’s Ongoing Battle Against Fake Reviews

E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of...more

Proskauer - New Media & Technology

Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake

Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #308 – Keep the Holiday Shopping Season Cyber Safe

As we enter the holiday shopping season, cyber criminals are sharpening their cyber-scam strategies. We like to remind our readers about the enhanced risk during the holidays. There has been an increase in online shopping...more

Lowndes

How to Protect Yourself When Shopping Online

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According to Numerator, a data and tech company serving the market research space, more than half of US consumers will shop online between Thanksgiving Thursday and Cyber Monday....more

Morrison & Foerster LLP

New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations

As part of the new Fair Consumer Contracts Act, Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. These mechanisms come on top of the updated EU-wide consumer contract rules...more

BakerHostetler

AD-ttorneys@law: Consumer Reviews: Paid? Fake? Negative?

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Let’s be honest. Customer reviews and testimonials influence buying decisions -- an online review can make or break the path to purchase. Amy Ralph Mudge is her authentic self as she outlines the legal framework and counts...more

Morgan Lewis - Tech & Sourcing

Information Requirements for Online Traders in the UK and European Union

Traders selling goods, services, and/or digital content online to consumers in the United Kingdom and the European Union need to comply with laws requiring the provision of certain information as part of the sales process....more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #261 – Online Shopping Tips for the Holidays

I have done more online shopping this year than ever before, and I know that I am not alone. With the holidays approaching, this will only increase because of the pandemic, and hackers and fraudsters know it....more

Butler Snow LLP

A Link in the Chain? Developments Regarding E-Commerce Website Liability for Defective Products Sold by Third-Party Vendors

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More than 100 years ago, the New York Court of Appeals issued its now-infamous opinion in MacPherson v. Buick Motor Co., which ushered American courts into a new age of personal injury jurisprudence. Writing for the majority,...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Protecting Your Brand

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Creating Enforceable Contracts

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: E-Commerce Policies

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Seyfarth Shaw LLP

Regulators Unveil Guidance On Best Practices for Internet Vehicle Sales

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Acknowledging that “[c]onsumers are clamoring for the opportunity to purchase the vehicles of their choice online because it expands the options available and enables them to save a considerable amount of time and possibly...more

ArentFox Schiff

New Guidelines Cement FTC’s Strong Influence Over Influencer Marketing

ArentFox Schiff on

The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more

Goulston & Storrs PC

Counterfeits in the Digital Marketplace

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Counterfeiting has moved beyond high-priced luxury goods to low-cost everyday items. Many of these fake products pose real dangers: face masks with arsenic; phone adapters that can electrocute you; computer chargers that fry...more

Hogan Lovells

A game changer? China enacts first e-commerce law

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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

Goulston & Storrs PC

To Tax or Not to Tax Internet Retailers, that is the Question

Goulston & Storrs PC on

Since the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us!...more

Proskauer - New Media & Technology

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing...

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more

Bryan Cave Leighton Paisner

India Relaxes Rules on Foreign Direct Investment in E-Commerce

In Press Note No. 3 released on 29 March 2016 the Government of India (Ministry of Commerce & Industry, Department of Industrial Policy and Promotion) announced that foreign direct investment (“FDI”) of up to 100% would be...more

Troutman Pepper Locke

Solving the Legal Challenges of Trustworthy Online Identity

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In this age of phishing, hacking, identity fraud, and other forms of cybercrime, answering two simple questions – “Who are you?” and “How can you prove it?” – is fast becoming a critical requirement for online business...more

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