Socially Aware

October 29, 2024 - Arbitration, Terms of Use
Lawrence W. Gallick on Toth v. Everly Well, Inc.
On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case for a deeper dive into this
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September 20, 2024 - Arbitration, Class Actions, Terms of Use
Lose Your Illusion: District Court Holds that Unilateral Modification Clause Makes ToS Unenforceable
By: Lawrence W. Gallick, Anthony M. Ramirez, Aaron P. Rubin and Tricia Matibag
On August 8, 2024, the U.S. District Court for the Eastern District of Virginia in Lovinfosse v. Lowe’s Home Centers, LLP addressed the enforceability of an arbitration clause in Lowe’s terms of service, serving as a reminder of the problems that may arise from
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September 10, 2024 - Arbitration, Copyright, IP, Section 230 Safe Harbor, Social Media Policy, Terms of Use
Social Links: Tinder, TikTok, and the Copacabana
Double-check before swiping right. Ubiquitous dating app Tinder scored a court victory when the U.S. District Court in New Jersey ruled in Ciapinska v. Tinder that the arbitration clause in the app’s terms of use (TOU) is binding. At the center of the suit
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June 04, 2024 - Contracts, Copyright, Fair Use, Social Media Policy, Terms of Use, User-Generated Content, Web Scraping
California Federal Court Holds X’s Claims Against Scraper Preempted by Federal Law
By: Lawrence W. Gallick and Aaron P. Rubin
On May 9, 2024, in X Corp. v. Bright Data Ltd. , the U.S. District Court for the Northern District of California dismissed X’s claims alleging that Bright Data’s access to X’s systems, and scraping and selling of publicly available data from X’s platform,
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January 20, 2021 - Contracts, Terms of Use
Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use
By: Aaron P. Rubin
In Stover v. Experian Holdings , the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online contract containing a change-of-terms provision—is not
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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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May 04, 2020 - Terms of Use, Copyright, Litigation
S.D.N.Y.: Public Display of Embedded Instagram Photo Does Not Infringe Copyright
By: Aaron P. Rubin
A federal district court in New York held that a photographer failed to state a claim against digital-media website Mashable for copyright infringement of a photo that Mashable embedded on its website by using Instagram’s application programming interface (API). The decision turned on Instagram’s
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December 20, 2019 - Terms of Use, Web Scraping, Ephemeral Messaging, User-Generated Content, Copyright, COPPA
2019: Our Greatest Hits
Here at Socially Aware we covered a wide range of issues in 2019. We reviewed an opinion reminding us that user-generated content posted on social media platforms is not necessarily freely available for use in other contexts , and a rare instance of a
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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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Topic Archives: Terms of Use

Lawrence W. Gallick on Toth v. Everly Well, Inc.

Lose Your Illusion: District Court Holds that Unilateral Modification Clause Makes ToS Unenforceable

By: Lawrence W. Gallick, Anthony M. Ramirez, Aaron P. Rubin and Tricia Matibag

Social Links: Tinder, TikTok, and the Copacabana

California Federal Court Holds X’s Claims Against Scraper Preempted by Federal Law

By: Lawrence W. Gallick and Aaron P. Rubin

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use

By: Aaron P. Rubin

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

S.D.N.Y.: Public Display of Embedded Instagram Photo Does Not Infringe Copyright

By: Aaron P. Rubin

2019: Our Greatest Hits

Just Browsing: District Court Finds Browsewrap Agreement Enforceable

By: Anthony M. Ramirez