AMEC’S Women Who Lead Advisory Board had a great turnout for their Fall Wine Soirée!
It was a lovely evening of wine and networking on Akerman LLP’s beautiful terrace located in DTLA.
We sipped on a wide variety of delicious wines and nibbled on falafels and hummus platters from Dune while mingling with lawyers from law firms and in-house, litigators and transactional attorneys, a mediator, and several law students from Southwestern.
Attendees brought their own favorite bottle of wine to sample against other wines in a voting competition. Tiffany Wagner won the prize for the best wine – a sparkling rose by Schramsberg. We had so much wine that many of the other attendees also got to pick a bottle to take home with them. We saw lots of old friends and made new ones. All in all, another successful event!
Internet contracts – beyond clickwrap and browsewrap
Kilpatrick Townsend & Stockton LLP
Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept.
An internet consumer must, at a minimum, be on inquiry notice of terms to be bound by them. In terms of contract formation, courts have typically divided Internet contracts into two categories:
(1) “clickwrap,” where a consumer must click “I agree” after being presented with terms to proceed, and (2) “browsewrap,” where the consumer has the option of accessing terms by hyperlink but need not do so before proceeding with the transaction. While courts typically enforce “clickwrap” agreements, the enforceability of “browsewrap” usually depends on conspicuousness. See Internet terms of use: Ninth Circuit enforces arbitration agreement accessible through browsewrap hyperlink (August 31, 2020). In a recent case, Berman v. Freedom Financial Network, LLC, — F.4th —-, No. 20-16900, 2022 WL 1010531 (9th Cir. Apr. 5, 2022), a panel of the Ninth Circuit found the Internet contract at issue unenforceable browsewrap, because the contractual terms – including an arbitration provision and class action waiver – were not conspicuous enough to a reasonable consumer.
NFT Compliance: Key Privacy Issues to Consider Before Your “Drop”
Frankfurt Kurnit Klein & Selz PC
So, your brand is ready to launch an NFT[i] collection, and you are moving through your due diligence checklist before greenlighting the drop. You’ve considered intellectual property, securities, and various technical issues. Your marketing department assures you “privacy” isn’t an issue because NFTs reside in “Web 3.0[ii]” where everything is open, decentralized, and anonymous.
Good to go? Well, not quite.
[This article first appeared in Law 360]