Contract Formation on the Web: How dropbox’s loss in a bid to compel arbitration is changing the landscape of online contracts

Shyloah Daniel | Squire Patton Boggs

Shyloah Daniel has a broad range of experience drafting commercial and online contracts, including website terms of service and privacy policies, licensing agreements and non-disclosure agreements. She also advises clients on the various forms of intellectual property such as trademark portfolio strategy, prosecution and defense strategies, and navigating contract disputes. A majority of her practice includes protecting client’s intellectual property rights on the Internet by utilizing UDRP actions and DMCA takedown notices.

During law school, Shyloah volunteered with the Entrepreneurs’ Legal Advising Clinic, where she advised local clients on common startup issues, such as entity formation, founder and shareholder agreements, and the protection of intellectual property rights. She graduated law school as part of the first cohort of the Tech Edge J.D., a certificate program focused on practical learning in the intersection of intellectual property, technology, and business.

Rafael Langer-Osuna | Squire Patton Boggs

Rafael Langer-Osuna tries cases relating to foreign sovereigns and the internet. How the law handles information – whether data privacy, the attorney-client privilege, online defamation or intellectual property – fascinates Rafael.

Rafael have helped shape federal data breach precedent and regularly assist clients in addressing online tortious conduct and allegations of tortious conduct. Rafael often use Spanish and a broad understanding of various legal cultures in representing foreign governments and multinational corporations in international disputes in US courts. Other lawyers, including lawyers from other law firms, seek advice from Rafael regarding the application of the attorney-client privilege. In addition, Rafael maintains an active appellate and pro bono practice.

In addition to Rafael’s law degree, Rafael earned a Master’s in East Asian Studies from Duke University, a Master’s in Cross-Cultural Moral Development from the University of California at Berkeley, and a certificate in Chinese and Environmental Studies from Nanjing University of Chemical Technology. Rafael has a working knowledge of both Mandarin and German.

Rafael is a member of the Advisory Committee of the Squire Patton Boggs Foundation, which promotes the role of public service and pro bono work in the practice of law and the development of public policy. Rafael is also a board member of National Trans Bar Association and as a BALIF board member they presently serve as co-chair of the amicus, programming, and community activism committees.

I. The basic concepts of “browsewrap” and “clickwrap” agreements | 2:00pm – 2:15pm

II. How “browsewrap” and “clickwrap” agreements are currently used by online service providers | 2:15pm – 2:30pm

III. How “browsewrap” and “clickwrap” agreements have evolved in recent years | 2:30pm – 2:45pm

IV. In-depth discussion of Sifuentes v. Dropbox, Inc., 2022 | 2:45pm – 3:00pm