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Enforceable Browse Wrap Contracts
With the growth in its popularity, and the evolving sophistication of technology to offer and execute it, e-commerce is increasingly automated. In the past, Internet sites used terms of use agreements that include an Internet mechanism to affirm consent to be bound by the agreement (“click-wrap”).
But more often than ever, browse-wrap agreements are replacing click-wrap agreements. Enforceable browse-wrap agreements have two factors in common:
- They include sufficient notice of the terms; and
- The actions of the Internet user clearly manifest the user's acceptance of the terms.
Keep in mind that sufficient notice is not a bright-line test for browse-wrap agreement enforceability; rather, it has been used on a case-by-case basis. For instance, in Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 2002), the dispute was whether users of Netscape's software, who downloaded it from Netscape's Web site, were bound by an agreement to arbitrate disputes with Netscape in instances in which Netscape had posted the terms of its offer of the software (including the obligation to arbitrate disputes) on the Web site from which users downloaded the software.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.