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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.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.