Socially Aware

June 23, 2020 - Terms of Use, Online Contracts, Arbitration, Litigation
Sweating the Details: Court Analyzes User Interface to Uphold Online Arbitration Clause
By: Aaron P. Rubin
Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, however, they must be implemented properly. Babcock vs. Neutron Holdings, Inc. , a recent Southern District of Florida case involving
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June 01, 2020 - Contracts, Terms of Use, Online Contracts
Court Discovers Rare and Elusive “Enforceable Browsewrap”
By: Aaron P. Rubin
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. Courts typically look more favorably on “clickwrap”
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November 04, 2019 - Terms of Use, Online Contracts, Litigation
Just Browsing: District Court Finds Browsewrap Agreement Enforceable
By: Anthony M. Ramirez
Courts continue to grapple with the enforceability of online agreements. While courts generally enforce clickwrap agreements—online agreements where users affirmatively show their acceptance after being presented with the terms, usually by clicking “I agree”—browsewrap agreements have stood on shakier enforceability grounds. Browsewrap agreements are
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August 09, 2018 - Terms of Use, Online Contracts, Arbitration, Litigation
Sneaky Website User Bound by Online Terms of Use’s Arbitration Provision Despite Renewing Subscription in Spouse’s Name
On July 19, 2018, in May, et al. v. Expedia Inc. , U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a
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March 12, 2018 - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, Litigation
Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use
By: Aaron P. Rubin
In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady,
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Topic Archives: Online Contracts

Sweating the Details: Court Analyzes User Interface to Uphold Online Arbitration Clause

By: Aaron P. Rubin

Court Discovers Rare and Elusive “Enforceable Browsewrap”

By: Aaron P. Rubin

Just Browsing: District Court Finds Browsewrap Agreement Enforceable

By: Anthony M. Ramirez

Sneaky Website User Bound by Online Terms of Use’s Arbitration Provision Despite Renewing Subscription in Spouse’s Name

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

By: Aaron P. Rubin