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Firm News 2 results

Firm News | 2 min read | 03.07.25

Crowell & Moring Attorneys Honored With 2025 Burton Award for Distinguished Legal Writing

Washington – March 7, 2025: The Burton Awards honored Crowell & Moring partner Joanna Rosen Forster, counsel Jacob Canter and Derick D. Dailey, and associate Matt Menezes with Law360’s Distinguished Legal Writing Award for their article discussing a Supreme Court ruling and its impact on social media companies. The award will be presented at a gala reception at the Library of Congress in Washington, D.C. on Monday, May 19.

Firm News | 3 min read | 07.09.24

Former General Counsel and California State Prosecutor Joanna Rosen Forster Joins Crowell & Moring’s Litigation Group

Joanna Rosen Forster has joined Crowell & Moring’s San Francisco office as a partner in the Litigation Group, bringing nearly two decades of experience ranging from first-chairing government litigation to serving as a trusted advisor to boards of directors.

Client Alerts 11 results

Client Alert | 3 min read | 04.28.25

Three-Clicks You’re Out? The FTC’s Action against Uber Showcases That Businesses Need To Provide Transparent Cancellation Processes

On April 21, 2025, the FTC filed an enforcement action against Uber alleging that Uber enrolled consumers in Uber One without proper consent, created substantial barriers to cancellation, and misrepresented the financial benefits of the subscription. The claims include violations of the FTC Act—which prohibits unfair and deceptive acts in commerce—and the Restore Online Shoppers’ Confidence Act (“ROSCA”)—which prohibits charging consumers for goods and services sold on the internet through a negative option (i.e., failing to cancel a subscription, unless the seller clearly discloses all material terms of the transaction before obtaining the consumer’s information and obtains the consumer’s expressed informed consent for the charges and provides simple mechanisms for the consumer to stop the recurring charges).

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Client Alert | 4 min read | 04.21.25

ClassPass’ Petition for Rehearing Will Tell the Future of Sign-In Wrap Agreements on the Internet

On April 14, 2025, ClassPass, a web-based company offering subscription services to third-party fitness classes, petitioned for rehearing en banc of the Ninth Circuit’s Chabolla v. ClassPass decision, which held that ClassPass’ users were not bound by the terms of ClassPass’ “sign-in wrap” agreement. The ruling has significant consequences for online companies using sign-in wrap agreements and for online contract formation and enforcement more generally. A sign-in wrap is a type of online agreement in which the agreement is hyperlinked on the website, but the user is not required to access, review, confirm an understanding, or otherwise affirmatively “assent” to be bound. If the Ninth Circuit does not grant ClassPass’ request and issue a new ruling in Chabolla, this case may signal the death knell for sign-in wraps, resulting in significant disruption, friction, and ultimately lower conversion for online companies who will be forced to redesign their sign-up flows to be click-wrap agreements (online agreements that require the user to affirmatively accept a company’s terms of use by clicking an assent box or button). Short of that, this decision increases business risk given that there are now conflicting opinions both within the Ninth Circuit and between the various Circuits.

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Client Alert | 5 min read | 04.15.25

Is Section 230 Going to Change? The FTC, DOJ and FCC Signal Significant Change for Online Businesses

On April 3, 2025, the United States Department of Justice’ Antitrust Division hosted a forum on “Big-Tech Censorship” in which key Trump Administration Officials announced their desire to reform, or entirely overhaul, Section 230 of the Communications Decency Act. In March 2025, we wrote about the Federal Trade Commission’s (FTC) inquiry into “tech censorship” and its associated request for public comments from those who “may have been harmed by technology platforms that limited their ability to share ideas or affiliations freely and openly.” That RFI remains open, and its deadline is May 21, 2025.

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Press Coverage 5 results

Press Coverage | 10.30.24

Regulators Combat Deepfakes With Anti-Fraud Rules

Dark Reading

Press Coverage | 09.25.24

Bloomberg Law: J&J's Third Bankruptcy & Election AI Law

Bloomberg Law

Press Coverage | 08.21.24

Trump Posted A Fake Taylor Swift Image. AI And Deepfakes Are Only Going To Get Worse This Election Cycle

Los Angeles Times

Publications 2 results

Publication | 09.06.24

The State Law Landscape After Justices' Social Media Ruling

Law360

Publication | 07.09.24

Why High Court Social Media Ruling Will Be Hotly Debated

Law360

Webinars 3 results

Webinar | 06.11.25, 12:00 PM EDT - 1:00 PM EDT

Section 230: Implications for Digital Platforms, Online Businesses and E-Commerce

Section 230 was enacted as part of the United States Communications Decency Act (CDA), providing immunity to interactive computer service providers for third-party content. Known as “the 26 words that created the internet,” this statute is responsible for the development of the modern internet as we know it.

Webinar | 03.11.25, 2:00 PM EDT - 3:00 PM EDT

First 100 Days: Navigating the Maze of State Attorney General and Federal Enforcement Priorities

Join us as we discuss ways to balance competing enforcement priorities from the federal government along with potentially, 50 different states’ laws and enforcement regimes.

Webinar | 10.23.24, 2:00 PM EDT - 3:00 PM EDT

The FTC's New Rule on Consumer Reviews and Testimonials: Implications for Businesses with an Online Presence

It has been nearly two months since the Federal Trade Commission (FTC) announced its groundbreaking “Rule on the Use of Consumer Reviews and Testimonials” (the “Rule”).