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User Agreements

Ladas & Parry LLP

Read Before Signing - Important lessons from recent court rulings involving problematic contracts.

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IN THREE COURT DECISIONS IN THE PAST SEVERAL MONTHS, two themes emerged: reading the contract before you sign and understanding the law that applies. In the first case, a court needed to decide which of two contracts...more

Morrison & Foerster LLP - Class Dismissed

Beware Of Conflicting Terms: When Customers Entered Into Multiple Contracts, Scotus Says Courts Must Decide Which One Governs...

On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Says When It Comes to Deciding Arbitration Clauses: “I am the Law”

On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must...more

Carlton Fields

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

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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

A&O Shearman

Supreme Court Holds That A Court—Not An Arbitrator—Must Decide Which Of Two Contracts Controls For Purposes Of Determining Whether...

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On May 23, 2024, the United States Supreme Court held that if parties’ agreements conflict as to whether a dispute is subject to arbitration, then a court (not an arbitrator) must decide which contract controls. Coinbase,...more

Troutman Pepper

Cryptocurrency, Sweepstakes, and the Supreme Court: A Tale of Two Contracts

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On May 23, the U.S. Supreme Court issued its decision in Coinbase, Inc. v. Suski et al., unanimously affirming the Ninth Circuit’s decision holding that when parties have agreed to two contracts — one sending arbitrability...more

Verrill

The Supremes Have Their Say on Arbitration and Forum Selection Clauses Affecting Sweepstakes Disputes

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Wow, the U.S. Supreme Court decided a sweepstakes issue today. Anyone who has ever drafted or looked at Official Rules typically notices some clause concerning how disputes are to be resolved. Often there is forum...more

Kilpatrick

The Supreme Court holds that, where parties have agreed to contracts with conflicting dispute resolution provisions, the court –...

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Takeaway:  In Coinbase, Inc. v. Suski, No. 23-3, 2024 WL 2333424 (U.S. May 23, 2024), the Supreme Court unanimously held that where parties have agreed to two contracts – one with an arbitration clause and one without – the...more

Fox Rothschild LLP

U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between...

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In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to two separate agreements that are in conflict as...more

Robinson+Cole Data Privacy + Security Insider

X Corp Loses Battle Over Public Data Access

In a significant setback for Elon Musk’s X Corp (formerly Twitter), a U.S. District Judge has dismissed the company’s lawsuit against an Israeli data-scraping firm, Bright Data Ltd. We previously reported on X’s recent spree...more

Ankura

Solving for the EU’s Artificial Intelligence Act: Obligations of AI Users

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In December 2023, European Union (EU) lawmakers reached an agreement on the EU AI Act. Our article titled “An Introduction to the EU AI Act” focused on applicability, thresholds, timing, and penalties related to the EU AI...more

Houston Harbaugh, P.C.

Who Owns the Produced Water From Oil & Gas Operations?

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Although historically viewed as a waste, produced water that comes to the surface as part of the oil and gas production stream now potentially has value. Produced water can be recycled and reused as part of hydraulic...more

Greenberg Glusker LLP

[Webinar] Shifting Tides: Navigating Online Consumer Disputes in 2024 - January 22nd, 10:00 am - 11:00 am PST

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Join us for a discussion on the best practices for navigating the evolving landscape of dispute resolution for online businesses. We’ll dissect the latest on critical issues like user agreements and privacy disclosures, CIPA...more

McGlinchey Stafford

Which came first: Forum selection clause or arbitration provision? SCOTUS to decide

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For the second time in as many years, the Supreme Court of the United States has agreed to hear an appeal from a prominent cryptocurrency exchange regarding the enforceability of its arbitration clause in the exchange’s user...more

Proskauer - Advertising Law

That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision

This past Friday, the Second Circuit reversed a lower court’s denial of a motion to compel arbitration in a putative consumer class action against fintech company Klarna. Edmundson v. Klarna, Inc., Case No. 22-557-cv (2d...more

Proskauer - Blockchain and the Law

Cryptocurrency Companies: Enforceable Terms of Use Matter

It is not unusual for users of a platform or of software to challenge the enforceability of a company’s terms of use if they take issue with the company’s product or service and decide to bring suit. As most terms of use...more

White & Case LLP

Unfair Contract Terms – Will your business be caught by changes to the regime?

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Many Australian businesses have determined the upcoming changes to the unfair contracts regime to be a low risk on the basis that they do not deal directly with consumers or that the businesses they deal with are not...more

Franczek P.C.

Revised Clear and Present Danger Reporting User Agreement Coming to Schools

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In a previous alert, we announced that the Illinois State Police (ISP) would be transitioning to accepting clear and present danger reports from school officials through its online Law Enforcement Portal. To make reports on...more

Carlton Fields

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

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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 - Blockchain and the Law

Crypto Exchange Obtains Favorable Ruling in Arbitration of Claims over Alleged Trading Losses

This past month, a California district court granted a motion to compel arbitration of various claims by customers of cryptocurrency exchange platform, Coinbase Global, Inc. (“Coinbase”), finding that Coinbase’s User...more

DarrowEverett LLP

A HIPAA Privacy Notice A Day Keeps The Doctor Away (And Out Of Trouble)

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The start of 2023 has brought with it significant changes to data privacy – new state laws concerning data privacy came into effect January 1 (the California Privacy Rights Act and the Virginia Consumer Data Protection Act),...more

Carlton Fields

Ninth Circuit Affirms District Court’s Order Denying Online Cryptocurrency Exchange’s Motion to Compel Arbitration of Users’...

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In David Suski v. Coinbase, Inc., et al., the Ninth Circuit affirmed a district court order denying defendant Coinbase, Inc.’s (Coinbase) motion to compel arbitration, concluding that issues surrounding a forum selection...more

Proskauer - New Media & Technology

hiQ and LinkedIn Reach Proposed Settlement in Landmark Scraping Case

UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more

DarrowEverett LLP

Apply Foundation To Your Privacy Policy Before You Become The Next Sephora

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On August 24, 2022, the California Attorney General released a statement regarding a settlement agreement that the State of California reached with Sephora, Inc. (“Sephora”), the international consumer product retailer...more

Goodwin

Recent Court Decisions Shed Light on Enforceability of Electronic Contracts in the U.S.

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A number of U.S. state and federal courts have recently considered whether the manner in which companies presented to their users a variety of electronic contracts (e.g., terms of service) was sufficient to form an...more

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