Sometimes, the last word isn’t really the last word. Here are some updates for previous posts:

Browsing Isn’t a Virtual Handshake Deal (November 17, 2015). Since this post, another court has spoken on the unenforceability of on-line agreements. The Seventh Circuit Court of Appeals affirmed dismissal of a demand for arbitration based upon an alleged on-line click wrap agreement in Sgouros v. TransUnion Corp. The Court analyzed the user experience and determined that on-line customers were not sufficiently notified that their purchases were subject to a Services Agreement that included an arbitration clause “buried on page 8”.

Apple v. FBI (February 23, 2016). Since this post, a third party came forward and helped the FBI unlock the IPhone. Keep in mind that the IPhone in question is an older model. Newer models of the IPhone have different encryption and security software.

Fear the Walking Trademark Zombies (March 22, 2016). Since this post, Macy’s Department Stores has brought a motion for sanctions and damages against Strategic Marks. Macy’s alleges that the principal of Strategic Marks violated a confidentiality clause in the settlement agreement by announcing “We won”. The moral of this story is (1) if you settle, you don’t win or lose; and (2) Don’t breach a confidentiality clause no matter how tempting.

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