Discover and read the best of Twitter Threads about #browsewrap
Most recents (1)
spotted first by @stephendpalley, the order in Berk v. #Coinbase is big for #crypto & maybe for #clickwrap & #browsewrap agreements too. First, the court says that having a policy barring insider trading doesn’t prevent claims for insider trading occurring on platform /1 
Tort duties existed outside of its contract w/users. Existence of a mandatory user agreement doesn't matter- negligence is actionable separate & apart from any contractual remedies & Coinbase had a duty of reasonable care to its traders “originating outside of the agreement.”/2
California law (perhaps uniquely?) recognizes a duty to protect against economic loss: elements: “[1] the extent to which the transaction was intended to affect the plaintiff, [2] the foreseeability of harm to him, [3] the degree of certainty that the plaintiff suffered injury/3
