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Online clickwrap agreement unenforceable where customer warned company that non-executives had no contractual authority

Proskauer Rose LLP
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USA
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April 14 2010

A forum selection clause in an online clickwrap agreement is not enforceable against a customer that warned the Web site owner that it would not assent to such agreements, and that the customer's employees who accessed the site were not authorized to enter agreements on the customer's behalf, a district court ruled

Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA

Proskauer Rose LLP
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USA
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April 14 2010

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled

Forum selection clause in Google AdWords agreement applies to claims against Google for prior conduct

Proskauer Rose LLP
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USA
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April 14 2010

The scope of the forum selection clause in the agreement applicable to the Google Adwords program extends to a plaintiff's dispute with Google over conduct predating the execution of the Adwords agreement, a district court ruled

Early termination fee in contract for internet access not an invalid liquidated damages clause under California law

Proskauer Rose LLP
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USA
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January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled

Broad civil discovery order to produce cellphone and computer violated privacy, self-incrimination rights and privileges

Proskauer Rose LLP
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USA
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July 29 2010

A civil discovery order requiring a party to produce her cellphone and computer for examination by her adversary's attorney was improper because the unlimited breadth of the order failed to protect the party's right of privacy, right against self-incrimination, and various privileges, a Florida appeals court ruled

Limited damages available under DMCA 512(f) for wrongful takedown notice

Proskauer Rose LLP
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USA
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April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder

Proskauer Rose LLP
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USA
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January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled

Arbitration clause in computer purchase contract unenforceable where consumer's right to reject additional terms was not clearly explained

Proskauer Rose LLP
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USA
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April 14 2010

A computer seller's terms and conditions included with a mail order purchase were not enforceable where the consumer purchaser's right to reject the contract by returning the goods was not clearly explained, the Supreme Court of Rhode Island ruled

Identity of anonymous commercial speakers entitled to lower standard of protection

Proskauer Rose LLP
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USA
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September 30 2010

Anonymous speakers who posted statements and videos disparaging a business on a competitor's Web site are entitled to a lesser degree of First Amendment protection than that applicable to political speech, the U.S. Court of Appeals for the Ninth Circuit ruled

Wiretapping in child custody dispute results in civil damage award under federal Wiretap Act

Proskauer Rose LLP
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USA
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May 5 2011

A spouse involved in a child custody dispute and her parents were assessed civil damages under the federal Wiretap Act in connection with the recording of conversations via a device hidden in a child's toy

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