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Corporate Counsel › Arbitration › Clickwrap Agreements

Fenwick & West LLP

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

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On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more

Wilson Sonsini Goodrich & Rosati

Developments in Enforceability of Arbitration Provisions in Consumer-Facing Online Agreements

Wilson Sonsini Goodrich & Rosati on

Courts throughout the country continue to express skepticism over, and go to lengths to deny the enforceability of, arbitration provisions in consumer online agreements. A recent example from the New York Supreme Court for...more

Mintz - Arbitration, Mediation, ADR...

On-line Arbitration Agreements: A Tale of Two “Click Wraps”

Mintz - Arbitration, Mediation, ADR... on

What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a...more

Coblentz Patch Duffy & Bass

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Coblentz Patch Duffy & Bass on

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting,...more

BakerHostetler

“Yes, I Agree”: With a Click, Uber Drivers Can Waive Right To Bring Class Action Suits

BakerHostetler on

Recently, in a major win for employers and companies that transact business on the internet, the Ninth Circuit upheld the use of arbitration class-action waivers in so-called clickwrap agreements. These types of agreements...more

Ballard Spahr LLP

Second Circuit: Placing Order Online Did Not Bind Customer to Amazon’s Arbitration Provision

Ballard Spahr LLP on

In an important decision underscoring the challenges faced by retailers and others in enforcing online arbitration agreements with their customers, the U.S. Court of Appeals for the Second Circuit has reversed a district...more

Ballard Spahr LLP

Court: Web Registration Did Not Establish User Assent to Arbitration Agreement

Ballard Spahr LLP on

Perhaps overshadowed in the raging battle over the Consumer Financial Protection Bureau's proposal to ban the use of class action waivers in consumer arbitration agreements involving consumer financial products or services is...more

Orrick, Herrington & Sutcliffe LLP

SDNY Refuses to Enforce Uber’s Online “Sign-In-Wrap” Terms, Arbitration Provision and Jury Waiver Clause

Orrick, Herrington & Sutcliffe LLP on

On July 29, 2016, the Southern District of New York, in Meyer v. Kalanick, refused to enforce mandatory arbitration and jury waiver provisions against a putative class of Uber consumers. In a lengthy and strongly worded...more

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