How Do I Build an Enforceable Online Agreement? — Not (Always) the Way SalesForce.com or Google Would

The issue comes up on an increasingly frequent basis. A client is preparing to begin delivery of a new service (or product) through their web site. As part of their preparations, the client involves me (or, let’s say “an attorney”) to help them implement an online (“click-through” or “click-to-accept”) contract covering the terms [...]

Facebook and the Value of Getting it in Writing

The Sunday New York Times this week ran an article by Jason Pontin covering the ongoing lawsuit against Mark Zuckerberg, the founder of Facebook, brought by Tyler and Cameron Winklevoss, the founders of another social networking site called ConnectU. In case you have not been following the lawsuit, the Winklevoss brothers claim that Zuckerberg stole [...]

Changes in the Enforceability of Online Licenses and Contracts

As many of you know, my law practice deals in large part with contracts involving technology and intellectual property. Not surprisingly given the day and age in which we live, a number of these contracts are in the form of so called “click-through” or “click-to-assent” contracts in which a would-be licensee (in the case [...]