Eyes on Ecom Law

Online Terms of Use: An Update

On June 10, 2019, we discussed an Illinois federal court decision enforcing an online consumer arbitration agreement. There are now decisions from federal courts in New York and California that touch on related issues, and offer important guidance for online terms and conditions.

Nevada Privacy Law Goes Into Effect October 1

What happens in Vegas, may now indeed need to stay in Vegas.  Although California’s sweeping new privacy law has dominated the headlines, other states are enacting their own, different privacy laws, and it’s important to understand the differences. Partner Stacy Stitham identifies some things we should know about the new Nevada privacy law.

Web Arbitration Clauses: Federal Court Upholds “Terms of Use”

On June 7, 2019, the United States District Court for the Northern District of Illinois ruled in favor of retailer Wayfair LLC, and its parent company, Wayfair Inc., in a decision that both (1) upholds a web arbitration agreement and (2) provides useful guidance in presenting “terms of use” to website shoppers. What can we...

Martin Eisenstein Gives Presentation on Wayfair for Foreign Sellers

On February 5, 2019, managing partner Martin Eisenstein presented a Strafford Webinar entitled “New Economic Presence Nexus Standards for Foreign Remote Sellers: Impact of Wayfair Holding on Non-U.S. Companies.” Eisenstein addressed the challenges facing sellers outside the United States posed by the U.S. Supreme Court’s decision in South Dakota v. Wayfair, and the practical ways...

EU-US Privacy Shield: What You Need To Know

On December 19, 2018, the European Commission published its second report on the EU-US Privacy Shield, under which companies can certify adequate compliance with EU privacy standards to be able to receive data from or concerning EU citizens.  If you obtain such data, we present an overview of what you should know about the EU-US Privacy...

Class Arbitration and Other Risks: Are You Protected?

More companies, large and small, are including arbitration clauses in their consumer agreements, including clauses that seek to bar class arbitration.  Such clauses may be easier said than done, and there remain traps for the unwary.

Plain Meaning: Conservative Judges Reining In the FTC?

In recent decisions analyzing the plain meaning of the FTC Act, two federal district courts have held that the FTC cannot file suit under § 53(b) of the Act where the alleged misconduct has ceased.  If upheld on appeal, the impact of these cases could be extraordinary.

Autodialers: Ninth Circuit (Again) Opens Class Action Floodgates

Businesses who market by text or telemarketing beware.  On September 20, 2018, the Ninth Circuit adopted the most radical and expansive definition of what constitute autodialers for purposes of liability in the Telephone Consumer Protection Act (“TCPA”).  This startling interpretation of the TCPA, which could make even smartphones autodialers, is a potent reminder that, in...

On the Cover of State Tax Notes: Isaacson and Bertoni Discuss Stare Decisis

George Isaacson and David Bertoni made the cover of State Tax Notes this month with the latest installment of Brann & Isaacson’s quarterly column Eyes On E-Commerce.   In their article, “The Strange Death of Stare Decisis” Isaacson and Bertoni contend that the U.S. Supreme Court’s recent decisions in South Dakota v. Wayfair and Janus v....

Proposition 65: Compliance Issues

As of August 30, 2018, big changes went into effect for Proposition 65.  These changes include new warning obligations for Internet and catalog sellers, a limited “safe harbor” for certain retailers, and a great deal of ambiguity and uncertainty.  There are two issues we are seeing again and again, and which are worth special attention.