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Results: 1-10 of 102

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

Threatening Facebook post provides grounds for dismissal

  • Norton Rose Fulbright LLP
  • -
  • Canada
  • -
  • October 10 2014

In the recent decision of CEP, Local 64 v Corner Brook Pulp and Paper Limited, 2013 CanLII 87573, a Newfoundland arbitrator found that comments

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

Website terms and conditions: what constitutes acceptance? a recent U.S. case casts doubt.

  • Stewart McKelvey
  • -
  • Canada
  • -
  • September 25 2014

A recent U.S. Court of Appeals decision (Ninth Circuit, August 18, 2014) is a reminder to any of us seeking to impose contractual terms on our

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