News & Publications

Check Into Arbitration—Appellate Division Enforces Clickwrap Agreement

Wilentz attorneys Lynne M. Kizis, co-chair of the Mass Tort/Class Action team, and Joseph Carlo co-authored the article featured in the New Jersey Law Journal's Product Liability & Class Action annual supplement. They review the New Jersey case law on the enforceability of browsewrap and clickwrap agreements in light of the recent Santana v. SmileDirectClub decision. Online retailers have increasingly favored these online agreements, which can remove many future plaintiffs from litigation due to their standard arbitration [...]

Upcoming Supreme Court Decisions Could Change The Landscape For Challenging Federal Agency Regulations

Three cases, all argued this term before the United States Supreme Court and likely to be decided in June, carry major implications for litigation between federal agencies and regulated entities. Depending on the Court's decisions, these cases may overturn one longstanding doctrine of administrative law, and substantially alter the landscape of another. In both areas, private litigants subject to federal regulations may have new arguments and even new claims available to them as a result. [...]

U.S. Supreme Court Unanimously Resolves A Circuit Split: Pure Omissions Are Not Actionable Under Rule 10b–5

In Macquarie Infrastructure Corp. v. Moab Partners1, the U.S. Supreme Court recently resolved a split among U.S. Circuit Courts of Appeal when it unanimously held that “[s]ilence absent a duty to disclose, is not misleading under Rule 10b–5”. While “half-truths” are still actionable under that provision, a pure omission is not. What you need to know The Court's opinion rested on textual and statutory construction analyses. Justice Sotomayor resolved the question before the Court—"whether the failure to [...]