February 16, 2023

Is Your Website a Ticking Time Bomb? Ten Tips for Defusing Litigation Risk

American Bar Association

Business litigation partner Mike Daly and counsel Matthew Adler coauthored an article for the American Bar Association (ABA) detailing ten tips to consider when designing a website or drafting a website’s terms of use and other customer-facing policies.

Daly and Adler explain that websites are governed by overlapping laws at the federal and state level, and that the ambiguities in those laws could lead to aggregate statutory penalties. To reduce the risk of class actions, the authors provide the following list of considerations:

  1. Session-Replay Litigation
  2. Conversion-Tracking Technology
  3. Accessibility and the Americans with Disabilities Act
  4. The European Union’s General Date Protection Regulation
  5. United States Data Privacy Laws
  6. The Pre-Sale Availability Rule
  7. Arbitration Provisions
  8. Choice-of-Law Provisions
  9. Contract-Formation Procedures
  10. Online Cancellations

The full article is available for ABA members.

Full Article

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