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AI Shopping Agents and Computer Access Liability After Amazon v. Perplexity

In Amazon v. Perplexity, a platform’s layered terms and escalation record secured a preliminary injunction against an AI shopping agent. Learn to build CFAA and state-law claims after agent bans, draft platform terms that hold up, and run incident response courts credit.

2026-10-29 13:00:00

Program Details

2026-10-29 13:00:00

2026-10-29 13:00:00

2h CLE Credits

2026-10-29 13:00:00

Program Details

2026-10-29 13:00:00

Program Details

2026-10-29 13:00:00

Over 1,000+ webinars

2026-10-29 13:00:00

Course Overview

The Amazon v. Perplexity Injunction Turns Every AI Agent Visit Into a Legal Question

2026-10-29 13:00:00

AI shopping agents no longer occupy a legal gray zone. In Amazon v. Perplexity, a platform won a preliminary injunction under the CFAA and California’s CDAFA. The ruling rewards layered terms of service, technical countermeasures, and documented escalation. It also leaves Van Buren’s limits on the ‘exceeds authorized access’ theory very much alive.

The stakes run in both directions. Rely on legacy ‘no bots’ language, and authorization arguments weaken. Plead the $5,000 CFAA loss threshold poorly, and the claim dies on a motion to dismiss. Ban third-party agents while operating your own, and Sherman Act § 2 exposure follows. Skip the escalation record, and injunctive relief slips away. A pending Ninth Circuit appeal will reshape all of it.

This two-session program works both sides of the caption. Attendees leave with a plaintiff-side claim menu spanning contract, trespass to chattels, and unfair competition, plus evidence preservation and damages quantification tactics. Attendees also gain clause-level ToS drafting guidance, authorized agent frameworks, and a step-by-step incident response playbook calibrated to current CFAA doctrine.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
CFAA Authorization Boundaries
How the Van Buren and hiQ logged-in versus logged-out line decides claim viability.
02
State-Law Claim Menu
Contract, trespass to chattels, and unfair competition claims that supplement contested CFAA theories.
03
Antitrust Exposure
Sherman Act § 2 risk when platforms ban third-party agents yet operate their own.
04
Damages and Evidence
Building the $5,000 CFAA loss record with server logs, timestamps, and cease-and-desist files.
05
Defensible ToS Drafting
Clause-level agent definitions, delegation limits, and identification requirements modeled on Amazon’s escalation chain.
06
Incident Response And Standards
The escalation playbook and authorized agent channels courts expect before granting injunctive relief.

Program schedule

clock 2:30 pm - 3:30 pm EST

Building Plaintiff-Side Claims Around Platform AI Agent Bans and Account Terminations

This session examines how plaintiff-side attorneys can build and support legal claims when AI shopping agents are banned or accounts are terminated by major platforms, with Amazon v. Perplexity (N.D. Cal., Judge Chesney, 2026) as the anchor case. Attorneys will analyze the CFAA authorization framework, state-law tort and contract claims, and emerging antitrust theories targeting platforms that block third-party agents while operating proprietary alternatives. Attendees will leave with a working understanding of claim selection, evidentiary preservation, damages quantification, and the unsettled legal questions that will be shaped by the pending Ninth Circuit appeal.

David W. TollenDavid W. Tollen
clock 3:40 pm - 4:40 pm EST

Drafting Defensible AI Agent Terms of Service and Managing Incident Response for Platforms

This session equips platform counsel with the drafting frameworks and incident response protocols needed to defend against unauthorized AI agent access in the wake of Amazon v. Perplexity. Attorneys will examine how Amazon’s layered ToS language, technical countermeasures, and escalation documentation secured a preliminary injunction under the CFAA and California’s CDAFA, and learn how to replicate that evidentiary foundation. Attendees will leave with actionable clause-level guidance for automated-access definitions, delegation authority limitations, agent identification requirements, and advertising integrity provisions, plus a step-by-step incident response playbook calibrated to current CFAA doctrine.

David W. Tollen

David W. Tollen

Sycamore Legal, P.C.

David W. Tollen

David W. Tollen

Sycamore Legal, P.C.

David W. Tollen advises on the contracts that govern technology, with a practice centered on artificial intelligence agreements, SaaS, and other cloud computing arrangements. He founded Tech Contracts Academy LLC, a professional training company, and Sycamore Legal, P.C., a San Francisco Bay Area boutique law firm, both devoted to technology contracts. He wrote The Tech Contracts Handbook, a perennial bestseller from the American Bar Association that is used in law school classrooms, and he serves as an expert witness on intellectual property and information technology disputes.

Education & Credentials

Mr. Tollen earned his JD cum laude from Harvard Law School in 1993, an Ll.M. from Queens' College at Cambridge University in 1994, and a BA from U.C. Berkeley in 1990 with highest distinction in general scholarship. He is admitted to the State Bar of California.

Recognition & Leadership

The Tech Contracts Handbook, now in its third edition from ABA Publishing, is consistently a bestseller for the ABA's Intellectual Property Section and appeared in a Mandarin translation in 2025. He also authored The Tech Indemnities Pocket Guide and co-authored the computer technology chapter of Trade Secrets Practice in California for CEB. His educational novels, The Jericho River and Secrets of Hominea, won honors at the Next Generation Indie Book Awards, the London Book Festival, and the Independent Press Award, and he sits on the Board of Advisors of World History Encyclopedia.

Professional Involvement

Mr. Tollen has taught information technology contract drafting and negotiation at UC Berkeley Law School, lecturing to JD and Ll.M. candidates most recently in spring 2026. He has belonged to the American Bar Association's IP Law Section since 2010 and to World Commerce & Contracting since 2017, and he served on the board of the San Francisco Intellectual Property Law Association from 2009 to 2015.

Experience

Mr. Tollen speaks frequently on artificial intelligence contracting, including PLI's Advanced Licensing Agreements programs on AI intellectual property and licensing issues in 2025 and 2026, webinars on redlining AI vendor agreements and on AI in procurement, and a 2025 technology summit keynote on legal careers in the age of AI. His earlier roles include General Counsel of a publicly traded software company and Vice President of Business Development for a technology startup, and he began his legal career at Morrison & Foerster. His clients have ranged from Silicon Valley startups to globally influential companies.
David W. Tollen

David W. Tollen

Sycamore Legal, P.C.

David W. Tollen advises on the contracts that govern technology, with a practice centered on artificial intelligence agreements, SaaS, and other cloud computing arrangements. He founded Tech Contracts Academy LLC, a professional training company, and Sycamore Legal, P.C., a San Francisco Bay Area boutique law firm, both devoted to technology contracts. He wrote The Tech Contracts Handbook, a perennial bestseller from the American Bar Association that is used in law school classrooms, and he serves as an expert witness on intellectual property and information technology disputes.

Education & Credentials

Mr. Tollen earned his JD cum laude from Harvard Law School in 1993, an Ll.M. from Queens' College at Cambridge University in 1994, and a BA from U.C. Berkeley in 1990 with highest distinction in general scholarship. He is admitted to the State Bar of California.

Recognition & Leadership

The Tech Contracts Handbook, now in its third edition from ABA Publishing, is consistently a bestseller for the ABA's Intellectual Property Section and appeared in a Mandarin translation in 2025. He also authored The Tech Indemnities Pocket Guide and co-authored the computer technology chapter of Trade Secrets Practice in California for CEB. His educational novels, The Jericho River and Secrets of Hominea, won honors at the Next Generation Indie Book Awards, the London Book Festival, and the Independent Press Award, and he sits on the Board of Advisors of World History Encyclopedia.

Professional Involvement

Mr. Tollen has taught information technology contract drafting and negotiation at UC Berkeley Law School, lecturing to JD and Ll.M. candidates most recently in spring 2026. He has belonged to the American Bar Association's IP Law Section since 2010 and to World Commerce & Contracting since 2017, and he served on the board of the San Francisco Intellectual Property Law Association from 2009 to 2015.

Experience

Mr. Tollen speaks frequently on artificial intelligence contracting, including PLI's Advanced Licensing Agreements programs on AI intellectual property and licensing issues in 2025 and 2026, webinars on redlining AI vendor agreements and on AI in procurement, and a 2025 technology summit keynote on legal careers in the age of AI. His earlier roles include General Counsel of a publicly traded software company and Vice President of Business Development for a technology startup, and he began his legal career at Morrison & Foerster. His clients have ranged from Silicon Valley startups to globally influential companies.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs