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Arbitration. Clickwrap Agreement. Eleventh Circuit declines to enforce an arbitration clause in a clickwrap agreement where there was insufficient evidence of a valid arbitration agreement between the parties
  • Baker & McKenzie
  • USA
  • September 26 2016

In 2014, Plaintiff Christina L. Bazemore filed a putative class action against Jefferson Capital System, LLC ("JCS"). Bazemore alleged that JCS


Second Circuit Remands Case to District Court, Rules Web Provider Failed to Show Plaintiff Agreed to Arbitration
  • BuckleySandler LLP
  • USA
  • September 9 2016

Recently, the Court of Appeals for the Second Circuit vacated in part a district court ruling, specifically its decision to dismiss a plaintiff's


Doing Business in Australia
  • DLA Piper LLP
  • USA, Australia, Global, OECD
  • September 7 2016

Australia is a great place to do business, offering a powerful combination of economic, legal and geographic advantages. Our 25 years of


New York Federal Court refuses to enforce arbitration clause in internet contract
  • Carlton Fields
  • USA
  • August 30 2016

This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber


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