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Results: 1-10 of 59

Ninth Circuit Court of Appeals demands more from website operators before terms of use will bind users

  • Wilson Elser
  • -
  • USA
  • -
  • October 17 2014

The Ninth Circuit's recent opinion in Nguyen v. Barnes & Noble Inc., No. 12-56628, August 18, 2014, US 9th Circuit, provides insight regarding

Motion to compel arbitration denied since Barnes & Noble didn’t provide reasonable notice of terms of use

  • Gordon & Rees LLP
  • -
  • USA
  • -
  • October 10 2014

On August 18, 2014, the Ninth U.S. Circuit Court of Appeals published its opinion in Nguyen v. Barnes & Noble, Inc. affirming the trial court’s

Ninth Circuit refuses to enforce browsewrap terms

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • September 25 2014

A recent decision by the Ninth Circuit reinforces the importance of obtaining affirmative user consent to the Terms of Use on a website in order for

Arbitration agreement on Barnes & Noble’s website not enforceable

  • Stinson Leonard Street LLP
  • -
  • USA
  • -
  • September 10 2014

In a case between an on-line customer and Barnes & Noble, the Ninth Circuit recently refused to enforce the arbitration agreement found in the

Ninth Circuit clarifies notice requirements for browse-wrap agreements

  • Nelson Mullins Riley & Scarborough LLP
  • -
  • USA
  • -
  • August 28 2014

A panel for the United States Court of Appeals for the Ninth Circuit recently held, in Nguyen v. Barnes & Noble, Inc.,1 that a website user did not

Ninth Circuit to website owners: don’t bury the Terms of Use

  • Arent Fox LLP
  • -
  • USA
  • -
  • August 27 2014

On August 18, 2014, the US Court of Appeals for the Ninth Circuit issued an opinion sending website owners a clear warning that the onus is on them

Ninth Circuit affirms district court’s refusal to enforce arbitration clause in Barnes & Noble’s browsewrap agreementconspicuous hyperlinks to terms of use, ‘without more,’ is insufficient

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 25 2014

E-commerce forges ahead as many consumers' preferred way of buying things, and the law is evolving to meet the demands of advancing technology while

Getting to yes: Ninth Circuit provides guidance on formation of browsewrap arbitration agreements

  • Mayer Brown LLP
  • -
  • USA
  • -
  • August 25 2014

In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive

Hyperlinked arbitration clauses are binding

  • Jenner & Block
  • -
  • USA
  • -
  • August 7 2014

A consumer purchasing online is bound by an arbitration clause even if accessing the clause required clicks through a series of two hyperlinks

Clicking “I agree” renders mandatory arbitration provision enforceable

  • Holland & Knight LLP
  • -
  • USA
  • -
  • August 4 2014

Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an