Topic
Digital Contracts
43 published works
Inside Class Actions
Ninth Circuit Emphasizes Importance of Connecting Visual Proof to Class Members for Motions to Compel Arbitration
By Rachel Lia
A recent Ninth Circuit decision, Rushing v. Williams-Sonoma, Inc., 2026 WL 2731408 (9th Cir. Sept. 16, 2026), confirms that defendants seeking to compel arbitration based on internet contracts must do…
Financial Services Observer
From Click to Contract: When Courts Enforce Online Terms
By Timothy A. Butler, Matthew White, Cody B. Davis
Recent court decisions highlight how website design, conspicuous notice, and user assent can determine whether online terms are enforceable.
Consumer Protection Insights
From Click to Contract: When Courts Enforce Online Terms
By Timothy A. Butler, Matthew White, Tessa Cierny, Cody B. Davis, Greenberg Traurig, LLP
Recent court decisions highlight how website design, conspicuous notice, and user assent can determine whether online terms are enforceable.
Jus Corpus Law Journal Blogs
THE ILLUSION OF FREE CONSENT IN DIGITAL CONTRACTS
By JusCorpus
INTRODUCTION TO FREE CONSENTThe most important element of any contract is consent. The principle of ‘Consensus ad idem’, which means meeting of the minds, constitutes the basis for a valid…
Jotwell
Slowing Down the Clicks
By Nancy Kim
Brett Frischmann & Moshe Y. Vardi, Better Digital Contracts with Prosocial Friction-in-Design, 65 Jurimetrics J. 1 (2025). Nancy Kim Brett Frischmann and Moshe Y. Vardi’s article, Better Digital Contracts with…
Computer & Internet Law Updates
Contracts, Personal Jurisdiction and Electronic Agreements
Most contracts contain clauses that govern both choice of law and venue for resolving disputes. However, there are occasions where questions arise as to where a contract is formed, especially…
Inside Privacy
Digital Fairness Act Series — Topic 4: Digital Subscriptions
By Anna Sophia Oberschelp de Meneses, Jane Pinho, Dan Cooper, Moritz Hüsch, Edwin Djabatey
Digital contracts and subscriptions have significantly increased, with the subscription economy tripling since 2017, according to the European Commission’s Digital Fairness Act Fitness Check. However, the Fitness Check points out…
Startup Law Blog
The essential online agreements every startup must have
By Izwan
Launching a startup is exciting, but it also comes with a host of legal responsibilities, especially when your business operates online from day one. The right set of online agreements…
Dispute Resolution Blog
Unlocking Arbitration Clauses: Incorporation by reference in digital contracts
By Aditya Mehta, Shivani Garg, Raajash Kulmi
Introduction The question of incorporation of arbitration clauses referred to in another document has been a bone of contention between parties, in view of the absence of statutory guidance under…
Agricultural Law and Taxation Blog
Contracts, Estate Planning and Wetlands
OverviewDigital contracts are becoming more common for farmers and ranchers. That means there are some unique legal issues that might arise. The first part of today’s article takes a brief…