Emerging Markets Law

Showing 2 posts in Litigation.

California Court Rules on Enforceability of Browsewrap Contract

Posted In Intellectual Property, Litigation, Social Media

Practitioners might jump to the conclusion that browsewrap contracts are always unenforceable when hearing about the decision of the California Court of Appeals in Long v. Provide Commerce, Inc., 2016 Cal. App. LEXIS 199 (Mar. 17, 2016) (hat tip: Professor Goldman), but a closer reading of the case reveals a more nuanced lesson.

You can find a great summary of the facts of the case here. In short, however, the plaintiff was unhappy with the quality of a product purchased from the defendant’s online store. Plaintiff filed suit, seeking to have the case certified as a class action. Predictably, the defendant moved to have the case dismissed and the arbitration provisions of the browsewrap “terms of use” enforced.

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Cyber Hygiene: Upgrade Your Hardware

This fourth installment in our cyber hygiene series will discuss the importance of hardware upgrades in maintaining corporate data security. As with all the best practices we recommend in this series, the idea behind protection is to avoid incidents where possible, mitigate damage if they occur, and have a defensible position or "storyline" if you suffer a dispute or investigation. 

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