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White & Case LLP

Cutting Through Complexity: a Key Ruling for Online Platforms in Europe

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A series of recent rulings from the Court of Justice of the European Union ("CJEU") has reaffirmed the country of origin principle set forth in the e-Commerce Directive ("ECD")—which provides that, except in limited...more

Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

McDermott Will & Emery

Congress Cracks Down on Sales of Stolen and Counterfeit Goods

The requirements of the INFORM Consumers Act went into effect on June 27, 2023. The following includes need-to-know information for sellers, businesses that serve as an online platform for third-party sellers and customers...more

Morgan Lewis

New Measures for Online Advertising in China: What You Need to Know

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China's State Administration for Market Regulation (SAMR) recently issued the Measures for the Administration of Internet Advertising (New Measures), which will take effect on May 1, 2023, and replace the Interim Measures for...more

Perkins Coie

The EU’s Digital Services Act: A Paradigm Shift for Online Intermediaries

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Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law’s entry into force later this year. The DSA builds on the Electronic Commerce...more

Greenbaum, Rowe, Smith & Davis LLP

Is Amazon Liable For Third-Party Sellers’ Products? To Date, The Answer For E-Commerce Retailers May Depend On Where They Are

Online transactions on Amazon now account for over 50% of U.S. e-commerce. The company, already a massive corporation with enormous market share prior to the COVID-19 pandemic and the related rise in online shopping, saw its...more

Wilson Sonsini Goodrich & Rosati

Are Online Marketplaces Liable for Product Defects? California Says Yes

As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more

Polsinelli

Crack in the Dam that Shields Online Retail Platforms from Liability for Defective Products from Third-Parties

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On August 13, 2020, in a case involving an Amazon customer injured by a defective battery purchased online, the California Court of Appeal overturned a trial court ruling that had determined Amazon was a mere provider of...more

Faegre Drinker Biddle & Reath LLP

Recent Court Opinions Signal Potential Expansion of Online Marketplace Liability

An opinion from the District of Arizona on Friday, September 27, 2019, highlights the divide created by a pair of recent opinions from the 3rd and 6th Circuit Courts of Appeals. The two opinions, issued days apart, suggest...more

Dorsey & Whitney LLP

Déjà vu as EU court revisits online platform liability for infringing content uploaded by users

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The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts...more

Latham & Watkins LLP

UK’s Proposed “Online Harms” Compliance and Enforcement Regime Will Target Platforms

Latham & Watkins LLP on

UK publishes White Paper with hard-hitting regulatory proposals to tackle online harms. On 8 April 2019, the Home Office and the Department for Culture, Media and Sport (DCMS) published an “Online Harms White Paper”,...more

Foley Hoag LLP - Making Your Mark

EU Parliament Approves New Copyright Rules for the Internet

We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted the Directive with 348 votes...more

Hogan Lovells

A game changer? China enacts first e-commerce law

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In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January...more

Morrison & Foerster LLP

EU Digital Single Market Update – Online Platforms and Illegal Content

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As part of its Digital Single Market strategy, the European Commission has identified the issue of combatting illegal content online as a key challenge for online platforms. It has now released guidance to online platforms...more

Foley & Lardner LLP

Beware the Scrollable Window: The Seventh Circuit Strikes Down an Internet Contract

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If you’re like us—and most others, we’ll venture to guess—you’ve never read all the terms and conditions of the iTunes end-user license agreement. We doubt that it’s a scintillating read, but, regardless, most...more

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