In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sack walks through the last decade and a half of online contracting law on the way to invalidating an arbitration provision in an agreement involving a so-called Web loyalty program. Judge Sack concluded in Schnabel v. Trilegiant Corp., 2012 … Continue Reading
The lame duck Congress that reconvened following the November elections wasn’t expected to do much, but some legislation got pushed out at the eleventh hour (or perhaps, the one-hundred-and-eleventh hour), including the “Restore Online Confidence Act,” S. 3386 (111th Cong., 2d Sess. 2010), sponsored by Sen. John D. Rockefeller, IV. The Act was introduced following … Continue Reading
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