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Terms of Use Disclosure Requirements

Ladas & Parry LLP

Read Before Signing - Important lessons from recent court rulings involving problematic contracts.

Ladas & Parry LLP on

IN THREE COURT DECISIONS IN THE PAST SEVERAL MONTHS, two themes emerged: reading the contract before you sign and understanding the law that applies. In the first case, a court needed to decide which of two contracts...more

Vedder Price

E-Tailer Beware: The Seventh Circuit Clarifies the Framework for Enforceability of Digital E-Commerce Agreements

Vedder Price on

Does your company have website terms of use, or e-commerce terms? If so, it’s important to know whether those terms are enforceable....more

Morrison & Foerster LLP - Social Media

Court Discovers Rare And Elusive “Enforceable Browsewrap”

As we have noted many times in prior articles, courts often refuse to enforce “browsewrap” agreements where terms are presented to users merely by including a link on a page or screen without requiring affirmative acceptance....more

Verrill

You May Be A Loser (Does the Recent Publishers Clearing House Class Action Lawsuit Portend Changes in Sweepstakes Law?)

Verrill on

On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning...more

Coblentz Patch Duffy & Bass

Action Required to Maintain DMCA Safe Harbor Protection

Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from...more

Cooley LLP

Alert: New York District Court Articulates New Test for Assessing the Validity and Enforceability of Online Agreements

Cooley LLP on

In April 2015, the United States District Court for the Eastern District of New York defined a new category of online agreement, the "sign-in-wrap" agreement, which it distinguished from clickwrap agreements. The court then...more

Orrick, Herrington & Sutcliffe LLP

Mobile Apps Remain Regulatory Focus as FTC Enforces Data Privacy of Popular Program

The provider of the immensely popular “Brightest Flashlight Free” mobile app for Android reached a settlement with the Federal Trade Commission (FTC) over charges that it collected sensitive personal information, including...more

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