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Terms of Use

Houston Harbaugh, P.C.

Legal Issues With Blockchains, Cryptocurrency Transactions, and Risks of Loss: Understand Your Contract

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The widespread and debilitating impacts of the recent faulty Crowdstrike® software update has caused businesses to evaluate processes and examine potential claims and defenses related to the deleterious commercial impacts of...more

Troutman Pepper

Arbitration Clause Rendered Illusory and Unenforceable by Unilateral Amendment Clause, Says Virginia Federal District Court

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In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that...more

Carlton Fields

Ninth Circuit Upholds Decision Compelling Arbitration Based on Terms of Use in Hyperlinks

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The Ninth Circuit Court of Appeals recently upheld a decision compelling arbitration based on an arbitration provision in website “terms of use,” even though those terms were in a hyperlink....more

Kilpatrick

Ninth Circuit kicks data breach class actions against sporting goods retailers to arbitration

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The Ninth Circuit recently affirmed a district court’s decision to grant motions to compel arbitration and dismiss without prejudice six putative class actions against sporting goods retailers based on “sufficiently...more

Latham & Watkins LLP

Website Terms of Use May Risk Liability Under California Law

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Companies selling or leasing consumer goods or services should be alert to a recent rash of lawsuits targeting terms of service provisions. A recent spate of class action lawsuits brought under California Civil Code...more

Lowenstein Sandler LLP

Meta v. Bright Data Ruling Has Important Implications for Webscraping Activities by Investment Advisers

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On January 23, 2024, Judge Edward M. Chen of the United States District Court for the Northern District of California ruled in META PLATFORMS, INC. v. BRIGHT DATA LTD. (Meta v. Bright Data), granting Bright Data’s motion for...more

Greenberg Glusker LLP

[Webinar] Shifting Tides: Navigating Online Consumer Disputes in 2024 - January 22nd, 10:00 am - 11:00 am PST

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Join us for a discussion on the best practices for navigating the evolving landscape of dispute resolution for online businesses. We’ll dissect the latest on critical issues like user agreements and privacy disclosures, CIPA...more

Butler Snow LLP

How to Get Cancelled: An Overview of New Rules Affecting Businesses Offering Subscription Services to Tennessee Consumers

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Subscription services, initially marketed as a cheaper, more accessible option, have recently been experiencing a price surge. In 2023, top subscription apps like Apple Music, Amazon Music, YouTubeTV, Netflix, Peacock, HBO...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

Kaufman & Canoles

Registration and Ownership of AI-Generated Works

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Artificial intelligence (AI) has been a prominent topic recently, especially given the technological advances and commercial realization of generative AI systems. As AI-generated content continues to proliferate the Internet,...more

Ballard Spahr LLP

New study targets arbitration opt-outs in online contracting, but misses the point

Ballard Spahr LLP on

Professor Jeff Sovern, who recently joined the University of Maryland Francis King Carey School of Law faculty, has recently blogged about a forthcoming Study by academicians at other institutions that will be published in...more

Proskauer - Blockchain and the Law

Cryptocurrency Companies: Enforceable Terms of Use Matter

It is not unusual for users of a platform or of software to challenge the enforceability of a company’s terms of use if they take issue with the company’s product or service and decide to bring suit. As most terms of use...more

Levenfeld Pearlstein, LLC

Who Owns Crypto Assets? Know the Risks

Until recently, the nature of ownership of assets on deposit with a third party was not controversial. If a local bank branch goes bankrupt, the cash or other assets deposited with the bank belonged to individual...more

Benesch

Don’t Hide Your Hyperlinks: (Successfully) Using Arbitration Agreements to Avoid Class Litigation

Benesch on

In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more

Benesch

ChatGPT Generates More than Data Outputs; Data Security and Privacy Concerns Grow as Artificial Intelligence Technology Rapidly...

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One of the primary concerns surrounding ChatGPT and AI is the security of the data used to train and operate these machines and the potential privacy implications if the data is mishandled or intercepted by malicious actors. ...more

Goodwin

To Manage Generative AI Risk, Understand the Terms of Use

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Most systems do not protect sensitive information used in prompts, and users bear most of the risk of using generative AI systems and outputs. Generative AI systems use the information provided in prompts — along with...more

Orrick, Herrington & Sutcliffe LLP

Colorado appeals court says electronic bank statement provided constructive notice of updated terms

On May 4, the Colorado Court of Appeals held that a plaintiff had constructive notice of updated terms and conditions in her membership agreement with a defendant credit union, which included an arbitration agreement with an...more

Amundsen Davis LLC

Contractual Considerations for Short-Term Rentals

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Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future...more

Kohrman Jackson & Krantz LLP

The Effect of Medical Marijuana on Child Custody

The proper and legal use of medical marijuana treatment by a parent should not solely affect their custody proceeding. A parent is permitted to use marijuana in accordance with the law and pursuant to the doctor’s...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

Sunstein LLP

Facebook Tracking Pixels are the basis for a new wave of privacy class action litigation

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If your company posts videos on its website and uses a Facebook tracking pixel in them to transmit data to Facebook for advertising purposes, your company could find itself on the receiving end of a class action lawsuit....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

Nelson Mullins Riley & Scarborough LLP

ChatGPT: The Future May Be Bright, But on What Terms?

This is the first post in a series of posts by our team regarding the use and application of “artificial intelligence” or similar tools and related legal issues. Our first post relates to reviewing OpenAI’s current Terms of...more

Polsinelli

Court Rules that Earn Account Assets are Property of the Debtor: Celsius Bankruptcy Case: January 13, 2023

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Court rules that Earn Account Cryptocurrency is owned by Debtors and will not be returned - In our latest Bitblog update regarding the Celsius Network LLC, et al. (the “Debtors”) bankruptcy proceeding (Case No. Number:...more

Fox Rothschild LLP

Cryptocurrency Deposits Do Not Belong to Account Holders: New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto...

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In a recent decision by Chief Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York presiding over cryptocurrency Chapter 11 megacase, In re Celsius Network, LLC, et al., Case No....more

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