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

Ms. Floyd has a broad complex litigation practice with a focus on class action defense and on matters involving antitrust, unfair competition, false advertising, and privacy. She has extensive experience defending actions brought under California’s Unfair Competition Law (UCL), False Advertising Law (FAL), and similar statutes of other states and has handled complex commercial actions in federal and state courts across the country. Ms. Floyd has represented clients in NAD proceedings, as well as in investigations brought by the Federal Trade Commission, the Department of Justice, the Federal Communications Commission, the U.S. and California Departments of Transportation, and a number of states’ Attorneys General. She has significant experience representing clients in arbitration proceedings and is a member of the AAA National Roster of Arbitrators. Ms. Floyd has specific expertise in online contracting and advertising practices and counsels clients on both antitrust compliance and minimizing legal risks associated with advertising campaigns and marketing representations.

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.