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<b><i>Online Extra</b></i>Browsewrap Agreements Not Vehicles for Abritration Clauses
Businesses wanting to bind consumers to arbitration clauses should not hide them in website terms of use agreements, according to a recent'post'on the Socially Aware blog by Morrison Foerster partner John Delaney and Sherman Kahn of Mauriel Kapouytian Woods.
The case revolved around Touchpads, which the plaintiff tried to buy online from Barnes & Noble. After ordering two, he was notified the next day by the company that they were essentially out of stock due to high demand, The plaintiff sued on behalf of a class, saying he was forced to buy a more expensive product, explained the authors.
Barnes & Noble responded by attempting to compel arbitration, relying on its website Terms of Use agreement, which contained an arbitration clause.' The agreement was not affirmatively 'click accepted' by the customer, but it was accessible through a hyperlink at the bottom of the website ' known as a browsewrap agreement.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
Generative AI and the 2024 Elections: Risks, Realities, and Lessons for Businesses
GenAI's ability to produce highly sophisticated and convincing content at a fraction of the previous cost has raised fears that it could amplify misinformation. The dissemination of fake audio, images and text could reshape how voters perceive candidates and parties. Businesses, too, face challenges in managing their reputations and navigating this new terrain of manipulated content.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.