In 2009, the online policies of Sears, Overstock.com and Blockbuster each came up short. Alarmingly, there was nothing atypical about the terms, conditions or disclaimers these Web sites used, or the manner in which the policies were presented to and accepted by online users. The lessons learned from these companies' troubles are that material information should be disclosed more prominently and online visitors should affirmatively accept the terms. If your company's online policies have not been re-examined in the last year, now is the time to do so.
Carlos Perez-AlbuerneChristine O'ConnorIn 2009, the online policies of Sears, Overstock.com and Blockbuster each came up short.
Alarmingly, there was nothing atypical about the terms, conditions or disclaimers these Web sites used, or the manner in which the policies were presented to and accepted by online users.
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A recent decision from the U.S. District Court for the Southern District of New York (SDNY), United States v. Heppner, has generated outsized commentary suggesting that the use of generative AI tools may jeopardize attorney-client privilege. A closer reading shows something far less dramatic.
