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Clickwrap, Browsewrap, and Digital Assent in Apps and Texts: Enforceability of Online Contracts

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Partner Aaron Rubin presented on a BARBRI CLE panel, “Clickwrap, Browsewrap, and Digital Assent in Apps and Texts: Enforceability...

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Partner Aaron Rubin presented on a <a href="https://www.barbri.com/course/professional-development/cle/clickwrap-browsewrap-and-digital-assent-in-apps-and-texts-en_2026-03-05" target="_blank">BARBRI CLE panel</a>, “Clickwrap, Browsewrap, and Digital Assent in Apps and Texts: Enforceability of Online Contracts”. This session covered how courts evaluate clickwrap, sign-in-wrap, browsewrap, and other digital assent mechanisms, and discuss practical considerations for drafting and defending enforceable online agreements in an evolving digital environment. Key topics include platform design, notice sufficiency, evidentiary issues, and recent case law.<hr>

Clickwrap, Browsewrap, and Digital Assent in Apps and Texts: Enforceability of Online Contracts

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Aaron is the co-chair of the Interactive + Digital Media Group and former chair of the firm's Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

Aaron P. Rubin

Partner

Clickwrap, Browsewrap, and Digital Assent in Apps and Texts: Enforceability of Online Contracts

05 Mar 2026