Searching Content indexed under Corporate/Commercial Law by Jeffrey Neuburger ordered by Published Date Descending.
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Web Scraping Decisions Consider Contract Cause Of Action
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action
United States
18 Jul 2019
Digital Currency App's Electronic User Agreement Held Enforceable
This case sheds further light on the do's and don'ts of online electronic contracting and the enforceability of app-based terms and conditions.
United States
7 Feb 2019
Notice Of Terms Via Buried Link Within A Post-Sale Email Unenforceable
In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service's motion to compel arbitration...
United States
5 Feb 2019
5 Factors Asset Managers Should Consider When Evaluating Blockchain (Video)
In this video, Jeffrey Neuburger and Jonathan Benloulou explain what factors private equity firms should consider when evaluating Blockchain for their portfolio companies.
United States
5 Feb 2019
New York State Court Declines To Compel Arbitration, Cites Purported Ambiguities In Mobile Contracting Process
Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed
United States
19 Jun 2018
Chairman Clayton Asks Lawyers To Knock It Off With The Unregistered Coin Offerings
Chairman Clayton noted that he had instructed the SEC staff "to be on high alert" for these situations.
United States
24 Jan 2018
No Liability For Self-Publishing Platforms Over Author's Use Of Unauthorized Cover Photo
Liability against the self-publishing vendors was based on the theory that they "published" the work.
United States
19 Dec 2017
Australian Securities Exchange Announces Decision To Implement Blockchain-Based Clearing And Settlement System
Blockchain advocates have been awaiting the final decision by ASX Ltd, the Australian Securities Exchange, as to whether ASX will replace its existing and aged CHESS registry, settlement...
12 Dec 2017
California Court Enjoins Canadian Court's Global De-listing Order To Google As Contrary To CDA
Examining the likelihood of success on the merits, the court found Google likely satisfied all three elements of qualifying for CDA Section 230 immunity.
United States
10 Nov 2017
Ninth Circuit Rejects Claim That Amazon's Terms And Conditions Are An Unconscionable Contract
In Wiseley, plaintiffs brought deceptive advertising and consumer protection claims against Amazon based upon certain advertising practices.
United States
6 Oct 2017
Second Circuit Upholds Uber's Mobile Contracting Process, Establishing Template For Mobile Online Contracting
In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service.
United States
31 Aug 2017
SEC On Initial Coin Offerings: Tokens May Be Securities
No blockchain phenomenon has garnered more attention lately than Initial Coin Offerings ("ICOs"), which have exploded in value and raised more than $1.2 billion thus far this year.
United States
1 Aug 2017
Best Practices For Fund Managers To Mitigate Big Data And Web Scraping Risks
Proskauer partners Jeff Neuburger, Robert Leonard, Josh Newville and Jonathan Richman recently invited hedge fund executives to discuss the complex regulatory and compliance issues...
United States
25 Jul 2017
Arizona Passes Groundbreaking Blockchain And Smart Contract Law – State Blockchain Laws On The Rise
The blockchain or "distributed ledger network" was originally conceived as the peer-to-peer technology platform that allows for the transfer of Bitcoin without the need for a trusted intermediary.
United States
24 Apr 2017
Website Design Implicated In Two Rulings On Enforceability Of Online Terms – Highlights The Importance Of Legal Review Of Design Decisions
This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced.
United States
22 Nov 2016
Browsewrap Agreement Held Unenforceable – Website Designers Take Note!
In Nghiem v Dick's Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was "sandwiched" between two links near the bottom of the third column of links in a website footer.
United States
29 Jul 2016
Craigslist Files Another Suit Against Data Scraper
For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from scraping, linking to or accessing user postings for their own commercial purposes.
United States
2 Jun 2016
FTC Releases Big Data Report Outlining Risks, Benefits And Legal Hurdles
The potential benefits of big data are now well-known, but what are some of the legal, ethical and compliance risks and when do modern data analytics produce unintended discriminatory effects?
United States
15 Jan 2016
Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law
In Whitt, the defendant filed a motion to dismiss the plaintiff's lawsuit and compel arbitration pursuant to the terms of a website clickwrap agreement.
United States
24 Jul 2015
Meeting Of The Minds At The Inbox: Some Pitfalls Of Contracting Via Email
We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract.
United States
11 Jun 2015
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