Gizelle Fletcher

Gizelle leads the content team at PactSafe. She's driven by content that relays the significance of technology in legal departments and is always look at how consumer behavior influences new technologies.

Recent Posts

Press Release: PactSafe Shares Findings from Clickwrap Litigation Trends

By Gizelle Fletcher on Aug 21, 2019 8:08:00 AM

(Indianapolis - August 21, 2019) - PactSafe, the leading high-velocity contract acceptance platform, today released findings from their Clickwrap Litigation Trends study. The report includes findings from a study of more than 1000 cases summarizing clickwrap litigation trends over the past 16 years and reveals what influences of validity for those agreements. 

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How to design your contracts around your enterprise business needs

By Gizelle Fletcher on Jul 24, 2019 9:09:00 AM

In our previous article, “Why Contract Design is Becoming More Important to Enterprise Businesses”, we dive into how the consumer-driven economy is forcing enterprise businesses to shift the way they interact with clients, driving them to be more mobile with their services. Here, we explain how to start designing your contracts based on the needs of your business, rather than the other way around. 

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Why contract design is becoming more important to enterprise businesses

By Gizelle Fletcher on Jul 10, 2019 9:09:00 AM

Contract design is crucial for enterprise businesses that want to stay ahead. Businesses that hope to scale efficiently are beginning to take contract design more seriously. 

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What types of evidence do I need to enforce my online agreement in court?

By Gizelle Fletcher on Jun 26, 2019 8:08:00 AM

 

If your terms were to be enforced and your clients were to take you to court, could your terms hold up? Do you even know what you need to bring to court? Even more, what types of evidence are more likely to be successful in enforcing your online agreement in court, or better yet, compelling arbitration?

There are many factors that influence the success rates of online agreements in court, but not all methods created equal, and they are certainly not equally effective.  Luckily, there is new research to help guide best practices for achieving successful outcomes.  

Topics: Clickwraps
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Are my browsewrap agreements enforceable?

By Gizelle Fletcher on Jun 12, 2019 8:08:00 AM


If your website processes a high volume of user agreements such as terms of use, privacy policies or refund policies, chances are, you will be sued.  Given this likelihood of litigation, the question of "when" is less important than whether or not you are prepared for your terms to be enforced. Are you certain that your online legal agreements will hold up in court? 

In our 3-post series, we detail the three common ways of capturing user assent online citing case law examples, and the factors that influence their enforceability in court. Our third post is dedicated to browsewrap agreements. (Read the first post and the second post here.)

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Are my online agreements valid? Part 2: Sign-in-wrap

By Gizelle Fletcher on May 29, 2019 8:08:00 AM

Sooner or later, you will be sued. As it is inevitable, the question of "when" is less important than whether or not you are prepared for your terms to be enforced. Are you certain that your online legal agreements--clickwrap, sign-in-wrap, and browsewrap--can hold up in court? In our 3-post series, we will detail the three common types of online agreements, case law examples, and the factors that influence their enforceability in court. This post (number two of three articles) is dedicated to sign-in-wrap agreements. (Read the first post on clickwrap agreements here.)

Topics: Clickwraps
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PODCAST: Why companies like Amazon are making their legal departments metrics-driven

By Gizelle Fletcher on May 21, 2019 9:34:16 AM

PactSafe’s “Legal Departments of the Future” podcast is hosted by PactSafe founder and CEO Brian Powers. As an attorney who’s ventured into the tech business, Brian is always looking for ways to fuse the legal and tech spaces together. In this podcast, Brian chats with Walker Lockhart, former Amazon Legal Council, Nordstrom Director of Product, and current EVP of a new startup.

Topics: podcast
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Are my online agreements valid? Part 1: Clickwrap

By Gizelle Fletcher on May 15, 2019 8:08:00 AM

Sooner or later, you will be sued. Because it is inevitable, the question of "when" is less important than whether or not you are prepared for your terms to be enforced. Are you certain that your online legal agreements--clickwrap, sign-in-wrap, and browsewrap--can hold up in court? In our 3-post series, we will detail the three common types of online agreements, case law examples, and the factors that influence their enforceability in court. Our first post is dedicated to clickwrap agreements.

Topics: Clickwraps
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PODCAST: Eliminating silos in tech-driven legal departments

By Gizelle Fletcher on May 8, 2019 8:00:00 AM

"Automation is coming for us all—not in a bad way, but in a way that helps to improve efficiencies and increase the pace [businesses are moving]." 

—Vanessa Davis, Vice President, Research and Product Development at LegalZoom.

Topics: podcast
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Clickthrough litigation skyrockets 626%: What you need to know about online agreements

By Gizelle Fletcher on May 1, 2019 10:10:00 AM

Increasingly, B2B and B2C companies are moving their businesses online in order to take advantage of the speed, convenience, and popularity of the internet. And as contracts govern the relationship between the website owner and the user, the contracts also need to be hosted and accepted online. As a result, these companies often utilize clickthrough agreements to capture user acceptance of the contract terms. However, clickthrough litigation has increased 626% since 2002. As the volume of clickthrough-related cases increases, the more important it becomes for businesses to know more about the types of online agreements, how they are formed, and what gives you the best chance of defending them in court. 

Topics: Clickwraps
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