FOR IMMEDIATE RELEASE
Technology Allows Lawyers to Manage Digital Legal Agreements Securely and Effectively
INDIANAPOLIS and CHARLOTTE, NC – May 5, 2015 – Indianapolis-based software company PactSafe, Inc. (www.pactsafe.com) announced today that Charlotte-based Fenner’s Law is using PactSafe™ technology to establish digital legal agreements with its clients. For Fenner’s Law, the key to delivering legal services online was the ability to obtain a valid online retainer agreement that had been read before their clients clicked their assent. This capability enables Fenner’s to successfully offer its legal services online and become competitive with other online service providers.
Website legal agreements, such as Term of Use or Terms of Service, typically need to be revised and updated from time to time in order to add new provisions or adapt to new laws. Often times, a website operator will simply publish a change to those terms without thinking through the update process. This can lead to disaster - i.e. - to the updated terms being considered unenforceable in the event of a lawsuit. In the case of Rodman v. Safeway Inc. this resulted in a 42 million dollar judgement against Safeway...ouch. Read along to understand what happened to Safeway and how you can prevent this same thing from happening to your business.
Think click wrap agreements are enforceable by just slapping some legal terms into a form? Think again!
We've covered clickwrap best practices on this blog before, and covered lots of cases where good clickwrap agreements have been found enforceable. A recent decision published in Illinois Federal Court illustrates just how tricky it can be to create a clickwrap agreement that will hold up in court (and if it doesn't hold up in court - what good is it?)
A recent case in Wisconsin Federal Court illustrates perfectly the importance of properly tracking versioning in order to increase defensibility of website legal agreements.
While clickwrap agreements have been widely held to be enforceable by many courts, a new burden of proof has emerged requiring companies to provide proof of acceptance.