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December 26, 2024 | New York Law Journal

Court of Appeals Upholds Clickwrap Agreement

A discussion of 'Wu v. Uber Techs., Inc.,' where the New York Court of Appeals upheld the enforceability of “click-wrap” agreements and also held that issues of the scope of an arbitration agreement were delegated to the arbitrator. The author believes the decision “provides valuable guidance for businesses using websites and apps to ensure their terms of use are found enforceable.”
6 minute read
December 23, 2024 | The Legal Intelligencer

Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable

Judge Alan Hertzberg rejected the defendant's bid to compel arbitration in a putative consumer class action.
3 minute read
December 19, 2024 | Law.com

Insurance Company Sues Over 180 Health Care Providers for Fraud Under RICO

The case is purportedly one of the largest insurance fraud actions under the Racketeer Influenced and Corrupt Organizations Act filed in New York.
3 minute read
December 19, 2024 | Corporate Counsel

Pre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals

Predatory pricing "can be particularly salient in digital markets, where firms are incentivized to prioritize growth over profits in the short term to chase scale and to cement their dominance," Federal Trade Commission Chair Lina Khan said.
6 minute read
December 18, 2024 | Corporate Counsel

$25M Grubhub Settlement Sheds Light on How Other Gig Economy Firms Can Avoid Regulatory Trouble

“There is no ‘gig platform’ exemption to the laws on the books," Federal Trade Commission Chair Lina Khan said.
8 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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December 17, 2024 | New York Law Journal

The Majority Upholds Retroactive Application of Clickwrap Arbitration Agreement

The authors write "The New York Court of Appeals’ recent decision in Wu v. Uber Technologies, Inc. underscores the growing tension between traditional contract law principles and the realities of digital consumer agreements. The case revolved around Uber’s enforcement of a 'clickwrap' arbitration agreement, embedded in its updated terms of use, against a plaintiff who had filed a personal injury lawsuit before allegedly agreeing to the new terms."
7 minute read
December 09, 2024 | New York Law Journal

Court of Appeals Holds that Arbitration Agreements Can Be Formed Through ‘Clickwrap’ Process

New York joins a growing number of states to explicitly hold that arbitration agreements entered into through a web-based “clickwrap” process are validly formed. Where such clickwrap agreements to arbitrate delegate decision-making to the arbitrator for all questions of arbitrability, once contract formation is established, it is for the arbitrator to determine enforceability and applicability.
8 minute read
December 06, 2024 | National Law Journal

Nevada Supreme Court to Decide Fate of Groundbreaking Contingency Cap Ballot Measure

The Nevada Supreme Court heard oral arguments this week about an Uber-backed ballot measure that would impose a 20% cap on contingency fees in all civil cases, the strictest in the nation.
5 minute read
December 05, 2024 | New York Law Journal

Labaton’s Eric Belfi on Running Case Investigation, Analysis and Delaware Presence

“Our dedicated case evaluation team conducts a thorough review of all public information, collaborating with experts to assess financial and operational aspects. The team works closely with our in-house data and investigative units to build a comprehensive case analysis.”
9 minute read

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