News & Analysis as of

Motion to Compel User Agreements Contract Terms

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

Carlton Fields on

With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

Carlton Fields

Two California Federal Courts Grant Motions to Compel Arbitration Where Arbitration Agreement is Neither Procedurally nor...

Carlton Fields on

In two separate consumer lawsuits against cryptocurrency exchange, Coinbase, federal trial courts in California granted Coinbase’s motions to compel arbitration based on the arbitration provision in its user agreement....more

Proskauer - New Media & Technology

Digital Currency App’s Electronic User Agreement Held Enforceable

In a recent blog post, we wrote about how the Second Circuit found the arbitration clause in a web service’s terms and conditions unenforceable because the user did not have reasonable notice of the terms that were...more

Proskauer - New Media & Technology

Site Cannot Compel Arbitration Based upon Later-Amended Terms without Showing Adequate User Notification of Change

A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time, as the user may not have...more

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