BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month March 5, 2026 @ 1:00 PM E.T.
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Clickwrap, Browsewrap, and Digital Assent in Apps and Texts: Enforceability of Online Contracts

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MSRP
$297.00
$252.45
Save $44.55

Discount expires 2/5/26

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CLE
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About the Course

Introduction

This CLE webinar will examine online contract formation and enforceability in an evolving digital environment. The panel will discuss how courts evaluate the structure and presentation of clickwrap, sign-in-wrap, browsewrap, embedded hyperlinks, and in-app or messaging-based agreements. The panel will cover current risks in digital contracting, including platform design, sufficiency of notice, and evidentiary considerations in disputes.

Description

Online contracting has gone beyond the familiar desktop "click to accept" model. Companies now form agreements through mobile interfaces, apps, digital marketplaces, QR-based transactions, and even text messages. Courts continue to scrutinize how terms are displayed, clarity in user flows, the presence of hyperlinks, and whether the user received legally sufficient notice before being bound. Counsel must understand recent case law and prevailing standards to advise clients on designing enforceable mechanisms for assent and preparing to defend those designs in litigation.

Listen as our panel discusses current thinking on assent, formation, and enforceability, providing practical guidance for drafting, structuring, and litigating online agreements.

Presented By

Aaron P. Rubin
Partner
Morrison Foerster

Mr. Rubin is the co-chair of the Interactive + Digital Media Group and former chair of the firm's Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Mr. Rubin's practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, March 5, 2026

  • schedule

    1:00 PM E.T.

I. Introduction and current landscape of online contracting

II. Legal standards for online assent

III. Contract structures: clickwrap, sign-in-wrap, browsewrap, etc.

IV. Messaging-based and informal digital agreements

V. Designing enforceable digital contracting workflows

VI. Litigation risks and defensive strategies

VII. Practitioner takeaways

The panel will discuss these and other key topics:

  • Court requirements to find enforceable assent in online, mobile, and app-based contracting
  • Designing digital user flows, hyperlink placement, and call-to-action language to withstand scrutiny
  • Evaluating and improving existing TOU/TOC, sign-in-wrap, and browsewrap structures
  • When informal digital communications (text, WhatsApp, Teams messages) constitute binding agreements
  • Preserving evidence: logs, screenshots, timestamped metadata