Six Web-Scraping Legal Trends for Q1 2024

2024 is going to be a massive year for web-scraping legal decisions. There will be substantive decisions in all the major generative AI cases. Big-name scraper Bright Data is in legal battles with Twitter and Facebook. Ryanair and Booking.com are locked in a legal struggle. And so on. With all that, I suspect this is … Read More

Arbitration for Thee but Not for Me

It is common knowledge among lawyers that online platforms have broad leeway to enforce arbitration agreements in their online ToS. But one wrinkle that is perhaps not as well known is that many companies selectively draft their online contracts to compel arbitration when they prefer it, while still allowing them to avail themselves of traditional … Read More

A Comprehensive Guide to the Law of Online Contracts

Date of Last Update: April 25, 2022 TL;DR This is a long article (nearly 13,000 words!) about a complicated subject. It provides substantial amounts of historical context and legal analysis. You might not care about any of that. But you can read the bolded sections and the infographics, and you’ll get gist of it. One … Read More

An Analogy on Negotiation

I volunteer as a Guardian Ad Litem with the Rocky Mountain Children’s Law Center. Basically, what this means is that when there is an incident of alleged domestic violence that involves a restraining order and there are children included in the order, I investigate what’s happened to ensure that the children’s rights are protected. Sometimes, … Read More