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Financial services report, summer 2013

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • June 5 2013

In Kilgore v. Keybank, N.A., the Ninth Circuit was poised to decide whether the Supreme Court’s Concepcion decision vitiates California’s “public”

No privacy right in email submission to gossip website

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 1 2013

Recently, an arbitrator determined that Mario Lavandeira, operator of the gossip website PerezHilton.com, was not liable for breach of contract and

No privacy for e-mails to Perez Hilton

  • Graydon Head & Ritchey LLP
  • -
  • USA
  • -
  • April 17 2013

Or probably to anyone else for that matter. Here's an interesting post from LawyerBlogger Eric Goldman describing the disappointing arbitration

Retailers beware: “browsewrap” agreements threaten enforcement of website terms of use (or, back to contract basics)

  • Briggs and Morgan
  • -
  • USA
  • -
  • November 20 2012

As Black Friday and Cyber Monday approach, a word of caution for online retailers: your website’s terms of use may be a “browsewrap” agreement, which could jeopardize its enforceability

Arbitration clause upheld in virtual pets case

  • Borden Ladner Gervais LLP
  • -
  • USA
  • -
  • November 20 2012

Slide Inc., subsequently acquired by Google, offered consumers the ability to adopt, care for and interact with virtual pets on an online platform

Online browsewrap agreement unenforceable due to lack of notice, illusory terms

  • Holland & Knight LLP
  • -
  • USA
  • -
  • October 3 2012

In In re Zappos

In clickwrap data pass contract dispute. Second Circuit sacks e-mail notice of post-transaction terms

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 25 2012

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration provision in an agreement involving a so-called Web loyalty program

Second Circuit rules that arbitration clause contained in confirmation email is unenforceable for a lack of notice

  • Arent Fox LLP
  • -
  • USA
  • -
  • September 21 2012

The Second Circuit recently ruled that an arbitration clause is unenforceable for a lack of notice where it is contained in an online membership program’s terms and conditions, and those terms are emailed to a consumer after he or she has already enrolled in the program

Terms e-mailed to internet customer after purchase are insufficient to create binding agreement to arbitrate

  • Leonard, Street and Deinard
  • -
  • USA
  • -
  • September 12 2012

In a fascinating decision, the Second Circuit has ruled that an internet merchant cannot compel arbitration with a consumer, when it only emailed the consumer the arbitration agreement after the consumer agreed to the purchase, without any requirement that the consumer affirmatively assent to the term

Second Circuit: online agreement did not bind plaintiffs to subsequent arbitration provision

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • September 11 2012

Although much attention has been paid in the past few years to the enforceability of class action waivers in consumer arbitration agreements, a recent federal appeals court opinion is a stark reminder that there must be an enforceable "agreement" to arbitrate in the first place

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