Public outcry has killed an attempt turn clickthrough terms of service into legally binding obligations (for now)

On May 21, the American Law Institute -- a kind of star chamber of 4,000 judges, law professors, and lawyers -- was scheduled to pass a "restatement" of the law of consumer contracts, with the plan being to codify case-law to ensure that terms of service would be treated as enforceable obligations by US courts. Read the rest

Supreme Court of Canada to rule on the enforceability of arbitration clauses

Back in January, an Ontario court ruled that Uber's arbitration clause couldn't keep its drivers from suing it; Uber has appealed to the Supreme Court of Canada, which has taken up the case and will hear arguments about whether arbitration clauses (through which the parties surrender the right to sue in court) are enforceable in "adhesion contracts" (contracts that are not negotiated, where one party has much less power than the other, such as in click-through agreements). Read the rest