Consumer Arbitration Clauses: Traps for the Unwary

We’ve previously written about issues related to consumer arbitration clauses for online transactions, as well as related online terms and conditions. But, some courts are loathe to enforce consumer arbitration clauses and will look for ways to avoid them, as a recent federal court case from Illinois illustrates.

A Recent Wave of Click Through Nexus Activity in the States

Online retailers, welcome to the 2015 state legislative season. No fewer than six states have new developments in the area of online “click through” affiliate nexus legislation, with most of the activity reflecting negative developments for remote sellers. These click through laws remain, in our view, constitutionally suspect, despite the decision of the New York...