On September 8, 2022, the Federal Trade Commission (FTC) held a virtual public forum on the agency’s release last month of an Advance Notice of Proposed Rulemaking (ANPR) to regulate the protection of consumers’ privacy and data security, which we covered in a prior Legal Update. In addition to allowing the public the opportunity

In a recent decision upholding the denial of a motion to compel arbitration, a panel of the Ninth Circuit provided new guidance about the formation of online contracts under California and New York law.1 The court held that, to place a consumer on inquiry notice of terms and conditions on a website, the website