A recent decision by U.S. District Court for the Northern District of Illinois addresses a very timely and novel question: can a website provider enforce the equivalent of a covenant not compete through an online clickwrap agreement? In TopstepTrader, LLC v. OneUp Trader, LLC, Case No. 17 C 4412 (N.D. Illinois June 28, 2017), the U.S. District Court for the Northern District of Illinois rejected one website provider’s effort to do just that, reasoning that the provider was attempting to use its website’s terms and conditions to improperly restrict competition under Illinois non-compete law. The opinion, which can be found here, may prove to be a significant one as courts wrestle with the enforceability of online terms of condition that may limit competition or the use of information publicly available through those websites. (A shout out to Evan Brown’s Internet Cases for first reporting on this case). Continue Reading Can A Website Provider Use A “Clickwrap” Agreement to Enforce A Non-Compete?