Blogging Contracts Marketing 
Technology & Marketing Law Blog
JANUARY 23, 2024
by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.
Technology & Marketing Law Blog
MAY 17, 2024
If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.
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Technology & Marketing Law Blog
OCTOBER 8, 2022
However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.
Technology & Marketing Law Blog
FEBRUARY 15, 2025
Copyrightability The case sets up one of the longstanding open questions in copyright law: when are form contracts copyrightable, and when is sharing them infringing? ” Due to that concession, questions about the copyrightability of form contracts will continue to fester. As such, defendant made the Forms available.”
Technology & Marketing Law Blog
MAY 13, 2024
sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.
Technology & Marketing Law Blog
JULY 16, 2021
Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Reminder: courts sometimes demand that consumers click twice to form a contract. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment.
Technology & Marketing Law Blog
APRIL 16, 2022
The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.” JustAnswer LLC.
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