Electronic Contracting Practices Group Meeting

In preparation for our meeting on our Modification Project, Elaine Ziff and summer associate Hawa Allan have submitted a Memorandum of Law on "opt-out" vs. "opt-in" as a method of assent to changes in an electronic standard form contracts -- download a copy here. This outstanding Memorandum digests the Toysmart line of cases and settlements, legislation (such as the EU privacy directive, COPPA, Gramm-Leach, and CAN SPAM Act), and industry guidelines (such as TRUSTe and BBB On-Line). It also includes summaries of certain recent cases from the "paper world", where standard form contracts were amended by letter or email.

We will also discuss cases examining whether a particular contract provision included in a modification was unconscionable. Please join us for the Joint Working Group on Electronic Contracting Practices in the Walton Room, Second Floor at 4:30 pm on Sunday.

This posting entered on behalf of Co-Chair: Kathleen M. Porter (kporter AT rc DOT com)