Electronic terms of service govern billions of relationships worldwide, whether a user is joining a social media service, shopping online or accessing a blog. In each case, a binding contract is formed, the terms of which are usually set out in the website’s “terms of service” . But when a contract is made over the internet and there is later a dispute, whose law governs? What is the “forum” for the resolution of the dispute? What if the contract expressly designates a specific jurisdiction as the appropriate “forum”? In Douez v Facebook, Inc. (“Douez”), the Supreme Court of … Continue Reading
One of the most exciting aspects of the retail world is the multiplicity of ways in which retailers interact with their customers – through their branding and messaging; online in various ways; and in their bricks-and-mortal retail spaces. These interactions create business opportunities, but they also create risks that can be complex to manage. The costs of poor risk management are higher than ever given how social media permits customers to record and share their retail or consumer product experiences with each other, whether they are good or bad. Furthermore, regulators are taking an increasing interest in product liability and … Continue Reading
Retailers and manufacturers know that their brand is not only the identity they expressly communicate to their customers, but also what those customers think and say about them. The rise of social media means that what a single individual thinks or says about a retailer can impact its brand in profound ways that were unthinkable before the Internet. A single message – or, sometimes worse, a single photo – can spread across the Internet and expose a retail reputation to real damage in a matter of hours that may take months to fix, if at all.
What does this mean … Continue Reading