Program Details
2026-09-17 14:30:00
Over 1,000+ webinars
Course Overview
2026-09-17 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session examines how cookie banners are being deployed as contract-formation mechanisms that bind users to arbitration clauses and class-action waivers, drawing on the 2025–2026 wave of Ninth Circuit and district court decisions. Attorneys will learn the two-part conspicuous-notice/unambiguous-assent test, the specific visual and UX design elements courts have accepted or rejected, and the dual-use tension between privacy-consent compliance and enforceable contract formation. By the end of this session, attendees will be able to evaluate an existing cookie banner for enforceability risk and apply a case-law-derived drafting checklist to banners intended to compel arbitration.
Joshua M. Stein 3:40 pm - 4:40 pm ESTThis session equips attorneys to conduct a structured audit of existing consent flows and arbitration clauses considering the 2024–2025 circuit split on sign-in wrap enforceability, emerging unconscionability doctrine targeting mass-arbitration management provisions, and revised AAA and JAMS procedural rules effective May 2025. Attorneys will learn a concrete checklist for evaluating visual conspicuousness, assent mechanisms, and arbitration clause architecture across jurisdictions. By the end of the session, attendees will be able to identify high-risk consent-flow elements, remediate deficient arbitration clauses, and select an arbitration forum with full awareness of the cost and procedural consequences of that choice.
Joshua M. SteinJoshua M. Stein is a partner in the San Francisco office of Boies Schiller Flexner LLP, where he first-chairs technology and platform litigation. His practice spans artificial intelligence, copyright, trademarks and trade secrets, commercial disputes, appellate matters, crisis management, and international arbitration. He is a member of the firm’s teams litigating the AI copyright cases against Meta and OpenAI, has led litigation against Meta over Instagram addiction, and serves as hiring partner for the San Francisco office.
Joshua M. Stein is a partner in the San Francisco office of Boies Schiller Flexner LLP, where he first-chairs technology and platform litigation. His practice spans artificial intelligence, copyright, trademarks and trade secrets, commercial disputes, appellate matters, crisis management, and international arbitration. He is a member of the firm’s teams litigating the AI copyright cases against Meta and OpenAI, has led litigation against Meta over Instagram addiction, and serves as hiring partner for the San Francisco office.
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.
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