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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

Seller Beware: Recent Lawsuits Under N.J. Truth-in-Consumer Contract, Warranty and Notice Act Target E-Commerce Businesses
  • Duane Morris LLP
  • USA
  • August 4 2016

Online retailers across the United States have one more issue to consider as they prepare for the next sale: a growing number of lawsuits under the

Risk Assessment: Pokémon Go
  • Weil Gotshal & Manges LLP
  • USA
  • July 29 2016

As we have previously reported, one of the greatest challenges in our industry is that technology often advances faster than legislation can respond

“Poking” around Facebook: employers thinking about requesting employee passwords should be aware of Canadian privacy laws
  • Norton Rose Fulbright
  • Canada
  • May 4 2012

The emerging practice in the United States of employers asking for Facebook login details from prospective employees has prompted significant controversy.

Enforceability of online agreements
  • Cassels Brock & Blackwell LLP
  • Canada
  • November 17 2011

On September 2, 2011, the British Columbia Supreme Court issued a lengthy decision in which it upheld the enforceability of a browse wrap agreement (i.e. website terms and conditions for which formal acceptance is not required).

That's a wrap: BC Supreme Court enforces website terms of use and validates "browse wrap" agreements in Century 21 v Zoocasa
  • Stikeman Elliott LLP
  • Canada
  • September 27 2011

In Century 21 v Zoocasa, the BC Supreme Court upheld the validity of the so-called “browse wrap” agreements and awarded damages against Zoocasa for its breach of the Century 21 website terms of use when it pulled listings from the Century 21 website for use on its own real estate listing search engine.

Please may I have a cookie?
  • CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • May 27 2011

This week new rules governing the use of cookies (and similar information storage technologies) came into force: if you want to store a cookie on your computer or device, you will have to obtain the user's consent first.

T&E litigation update: Ajemian v. Yahoo! Inc.
  • Day Pitney LLP
  • USA
  • November 30 2010

In Ajemian v. Yahoo! Inc., Case No. 09E-0079-GC1 (Nov. 10, 2010), the Norfolk County Probate and Family Court (Casey, J.) addressed the question of whether the administrators of an estate could access the decedent's e-mail account with Yahoo, including all of the decedent's e-mails.

Websites and where to sue
  • Archer Norris
  • USA
  • August 12 2010

After she became dissatisfied with the services of home remodeling contractors that she had obtained through an Internet referral website, Victoria sued the referral business for breach of contract, fraud, misrepresentation, and negligence.

eBay’s right to terminate users on belief of “bad acts” held enforceable
  • Winston & Strawn LLP
  • USA
  • March 16 2010

Essex Technology Group sued eBay for terminating Essex's right to trade on the eBay auction system after Consumer Depot, a competitor of Essex, accused Essex of "shill bidding," and eBay subsequently terminated Essex's ability to trade on the eBay site.