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Results: 1-10 of 63

Enforceability of online terms of use: guidance from the Ninth Circuit

  • Venable LLP
  • -
  • USA
  • -
  • November 14 2014

The Ninth Circuit Court of Appeals recently decided a case addressing the enforceability of terms of use posted on websites as mere notices that are

Second Circuit extends scope of federal jurisdiction in litigation arising from the Facebook IPO

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • November 6 2014

In a recent case arising from the Facebook IPO, NASDAQ OMX Group v. UBS Securities, LLC, No. 13-Civ. 2657 (2d Cir. October 31, 2014), the Second

‘Just browsing’ - US court finds online customer not bound by browsewrap licence

  • McCullough Robertson
  • -
  • Australia, USA
  • -
  • October 20 2014

A recent US decision, which found that the terms of a 'browsewrap' licence were not enforceable against the user of a prominent online sales portal

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

Web-based class action waiver requires real assent

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • October 3 2014

Can someone be required to arbitrateand waive any right to proceed as a class action in arbitrationmerely by using a web site? No, according to the

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