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New York Court of Appeals Roundup: The Majority Upholds Retroactive Application of Clickwrap Arbitration Agreement

12.17.24

In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III analyzed the recent Court of Appeals decision in Wu v. Uber Technologies, Inc. The decision answered critical questions about notice, consent and fairness in the age of online contracting. By affirming the enforceability of Uber’s clickwrap agreement, the 5-2 majority applied traditional principles of notice and assent without granting exceptions for the challenges posed by web-based contracting or requiring a specific reference to the language change at issue in this litigation.

To read the full article, please click here.