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In the first quarter of 2015 alone, the U.S. Department of Commerce estimated domestic e-commerce sales of $80.3 billion. (Quarterly Retail E-Commerce Sales 1st Quarter 2015) In the wake of recent case law regarding online contracts — including the April 2015 decision from the Eastern District of New York in Berkson v. Gogo, which found an online contract of adhesion unenforceable — it is increasingly important to stay abreast of developments in this area of the law. In our ever evolving Internet-based economy in which consumers purchase a variety of goods, services and subscriptions online, it is critical to correctly draft online contracts so that they will be upheld if subject to a challenge by consumers.

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