JD Supra4d
No Assent Without Affirmative Action – Challenges in Binding Former Subscribers to TOS Amendments
Two decisions from earlier this year illustrate the difficulty in enforcing terms of service (TOS) amendments against former subscribers or ...
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 ...
JD Supra8d
Uber’s Process for Obtaining Consent to Arbitration Upheld in NY Court
Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York ...
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 ...