Online Wiretapping Claims: A Surging Menace

A flood of lawsuits and arbitration demands continues to drown companies that have installed the Meta pixel on their websites. If you haven’t been on the receiving end of these online wiretapping claims, count yourself lucky. Either way, be forewarned that the risk of being subject to a wiretapping shakedown extends far beyond the Meta...

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B&I Partners’ Article on Website Accessibility Featured by MaineBiz

MaineBiz recently published an article by Brann & Isaacson partners Nathaniel Bessey and Peter J. Brann on “How to make your website accessible to everyone.” The authors highlight how the ability to conduct business on the Internet, while encouraging commerce throughout the country, also brings with it the legal risk of being sued throughout the...

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.

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.

Bertoni and Nuzzi Publish Article, Will Host Webinar On California Prop. 65 Changes

Partners David Bertoni and Daniel Nuzzi highlight key changes to California’s Proposition 65 that will go into effect on August 30, 2018, in their newly published article, “Are You Ready for the Fast–Approaching Prop 65 Amendments?” The article discusses critical changes to labeling requirements, warning responsibilities, and the law’s safe–harbor provision that will go into...

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...