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Website Design Arbitration

Fenwick & West LLP

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

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On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more

Venable LLP

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement

Venable LLP on

The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more

Perkins Coie

The Ninth Circuit Addresses Website Design for Enforceable Terms of Service

Perkins Coie on

Many companies use browsewrap or related sign-in agreements to present their terms of service for consumer acceptance. On April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms...more

Proskauer - Minding Your Business

Beware of the Fine Print: Website Design Choices that Carry Legal Significance

Website owners who seek to bind visitors to the terms of an arbitration agreement must make those terms “reasonably conspicuous” under the law, and website visitors must “manifest unambiguous assent” to those terms. That...more

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