Socially Aware

July 19, 2016 - Class Actions, E-Commerce, Terms of Use, Litigation
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies
By: Anthony M. Ramirez
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action
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June 14, 2016 - E-Commerce, Terms of Use, Litigation
Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds
By: Aaron P. Rubin
As we have noted before , if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and second,
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May 02, 2016 - Terms of Use
Website Terms of Use: Out With the Old
By: Aaron P. Rubin
In this final portion of my video on website terms of use, I offer practical tips on best practices for updating and modifying online agreements. For more information on this subject, see my earlier video post on Website Terms of Use: Check That Box!
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April 27, 2016 - Terms of Use
Website Terms of Use: Check That Box!
By: Aaron P. Rubin
Many of my clients ask how they can best ensure that their websites’ terms of use are enforceable. Is it really necessary to require the website’s users to check a box or click a button manifesting affirmative assent? In this portion of my video
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April 25, 2016 - Terms of Use
Website Terms of Use: Are They Really Necessary?
By: Aaron P. Rubin
As a social media lawyer, I work closely with website operators and other clients to help reduce the risk of liability that can arise from doing business online. One of the key ways to minimize online legal risks is to use a carefully drafted online
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March 22, 2016 - Digital Content, DMCA, Terms of Use, Marketing, Section 230 Safe Harbor, IP, Litigation
How to Protect Your Company’s Social Media Currency
By: Aaron P. Rubin
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it , is becoming increasingly important and companies are investing heavily in building their social media fan bases. In some cases,
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February 22, 2016 - E-Commerce, Terms of Use
Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way
By: J. Alexander Lawrence
Courts have generally categorized online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement with the terms—are usually enforceable under U.S. law, even where the terms appear in
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January 27, 2016 - Terms of Use
Launching a Mobile App in Europe? Seven Things to Consider When Drafting the Terms & Conditions
[Editor’s Note: In response to the success of our earlier post on terms and conditions for mobile apps, two of our London-based colleagues have prepared a “remixed” version, which looks at the subject of mobile app terms and conditions from a European perspective. Enjoy!]
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January 14, 2016 - Digital Content, E-Commerce, European Union, Terms of Use, Cloud Computing
Harmonizing B2C Online Sales of Goods and Digital Content in Europe
By: Alistair Maughan
The European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller. On Dec. 9, 2015, the European Commission proposed two new directives on the supply of digital content
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October 06, 2015 - E-Commerce, Terms of Use
Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use
By: Aaron P. Rubin
Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote , websites must implement such terms properly to ensure that they are enforceable. Specifically, users must
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