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USA: Seventh Circuit finds website’s arbitration clause failed to provide reasonable notice to users
  • Baker & McKenzie
  • USA
  • August 12 2016

In Sgouros v. TransUnion Corp., No. 15-1371 (7th Cir. Mar. 25, 2016), the Seventh Circuit Court of Appeals declined to enforce a website's

Court Finds Online Arbitration Provision Unenforceable
  • Winston & Strawn LLP
  • USA
  • August 9 2016

A California federal judge recently ruled against Dick's Sporting Goods' motion to compel arbitration of a consumer's proposed TCPA class action

SDNY Refuses to Enforce Uber’s Online “Sign-In-Wrap” Terms, Arbitration Provision and Jury Waiver Clause
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • August 9 2016

On July 29, 2016, the Southern District of New York, in Meyer v. Kalanick, refused to enforce mandatory arbitration and jury waiver provisions

Southern District of New York Decision Suggests Increasing Scrutiny of Electronic Agreements
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • USA
  • August 8 2016

On July 29, 2016, in Meyer v. Kalanick, Judge Rakoff of the Southern District of New York denied a motion to compel arbitration where the agreement

Browsewrap Agreement Held Unenforceable - Website Designers Take Note!
  • Proskauer Rose LLP
  • USA
  • July 28 2016

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be

EU-US Privacy Shield to Launch August 1, Replacing Safe Harbor
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • European Union, USA
  • July 25 2016

The replacement for Safe Harbor is finally in effect, over nine months after Safe Harbor was struck down by the Court of Justice of the EU in the

Comparison of Requirements Under the Privacy ShieldSafe Harbor Principles
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • European Union, USA
  • July 25 2016

The Privacy Shield notice requirements are more specific and detailed than what was required by the Safe Harbor regime. Safe Harbor required a

11th Cir. Upholds Denial of Arbitration, Holds Trial Not Required If No Genuine Issue of Material Fact
  • Maurice Wutscher LLP
  • USA
  • July 18 2016

In a case involving the enforceability of so-called "clickwrap" web-based agreements, the U.S. Court of Appeal for the Eleventh Circuit recently

Privacy Shield Finalized - How Everyone Can Take Advantage of the New European Data Transfer Framework
  • Bryan Cave LLP
  • European Union, USA
  • July 15 2016

Background The EU Data Protection Directive 9546EC (the “Directive”) creates the legal framework for national data-protection laws in each EU Member

Website Design Can Affect the Enforceability of Terms of Use
  • Buchalter Nemer
  • USA
  • June 30 2016

Good website and app design is not just about aesthetic preference. The typography, layout, and user experience of your website and app can determine