In today’s digital marketplace, direct sellers rely heavily on electronic agreements to govern their relationships with customers, vendors, and partners. But whether these electronic agreements are enforceable depends, at least in part, on how your policies and other terms are presented to users and the way assent is obtained. Courts scrutinize these issues closely, emphasizing that even minor design choices can make the difference between a binding electronic agreement and an unenforceable set of terms.

The Supreme Court has granted certiorari in Hain Celestial Group, Inc. v. Palmquist to determine whether a final order issued by a federal court may stand if an appellate court later determines the district court erred in dismissing a nondiverse defendant and denying a motion to remand.