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Online terms and conditions have long been a challenge for businesses. How can you simultaneously ensure a consumer is made aware of the key terms of an online contract (so they are incorporated into the contract) whilst also...more
On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more
The statistics speak for themselves: - Influencer marketing in the US is valued at over $16 billion. - 72% of Gen Z and Millennials follow influencers on social media. - 89% of marketers intend to increase influencer...more
In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...more
The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more
On September 30, 2021, a Texas district court granted Southwest Airline Co.’s (“Southwest”) request for a preliminary injunction against online travel site Kiwi.com, Inc. (“Kiwi”), barring Kiwi from, among other things,...more
To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main topical developments in this area that...more
Businesses, more than ever, have an increased focus on social media and other online marketing. But, by advertising online, companies may be allowing others to use their content without consent. When you post online, the...more
As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more
From 12 July 2020, any business (whether or not EU-based) providing an online platform or search engine to business users in the EU and the UK must comply with a new EU regulation designed to promote fairness and...more
The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more
Online content in the UK is to be regulated by a new internet regulator. A white paper consultation was published on 8 April 2019 by the UK government Department for Digital, Culture, Media & Sport (DCMS). The proposals...more
This week’s Update is heavily focused on the EU and its recent enforcement activities....more
• In what has been described as a landmark ruling on behalf of both national retailers and consumers alike, the New Jersey Supreme Court has established critical law to limit exposure to purported class action claims...more
In recent months, federal and state courts in New Jersey have been faced with numerous motions to dismiss class action complaints alleging that online retailers’ website terms and conditions violate New Jersey’s...more
This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more
We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more
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
The FCC has formally announced that its new contest rules have become effective, as they now have been approved by the Office of Management and Budget and published in the Federal Register. The new rules enable licensees to...more
We have all read a website’s terms of use (hopefully), and almost all of the terms say something to effect of “these terms may change without prior notice, so we recommend that you review them regulatory.” Well now, a new...more
Users of Facebook no doubt have seen at least some of their friends post the “copyright” update. In brief, the post states “I hereby declare that my copyright is attached to all of my personal details,” including photos,...more
The FCC has updated its contest rules to enable broadcasters to post material terms on-line rather than requiring disclosure through over-the-air announcements. Licensees still retain the option to disclose material...more