Hunton Retail Law Resource

Your arbitration clause may be solid. But your screen flow needs to be clear if you want a court to enforce it. 

Courts continue to evaluate online arbitration agreements under ordinary state-law contract formation principles: did the customer receive reasonably conspicuous notice, and did the customer take the action the site said would constitute assent? 

In practice, this means courts are not just reading the clause – they are also scrutinizing the online user interface around it. They are looking at clutter, button placement, hyperlink visibility, font size, and whether the page clearly tells the user what clicking means.  

The Federal Trade Commission has joined a handful of states that are taking aim at surveillance pricing.  The FTC recently announced a draft enforcement policy related to personalized pricing, which it defines as “the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to spend.”

On July 30 and 31, 2026, the National Highway Traffic Safety Administration (NHTSA) and the U.S. Department of Transportation (DOT) unveiled a coordinated series of regulatory and policy actions that together represent the most significant recalibration of federal autonomous vehicle (AV) oversight in years. These actions accelerate near-term commercial deployment of AVs through granting the first-ever commercial exemption for robotaxis and streamlining exemption processes. Additionally, these actions provide stakeholders with considerable opportunities to engage with the agency and shape the AV legal framework. This alert provides an overview of each action and takeaways for AV developers and industry stakeholders. 

For decades, radius restrictions have been a staple of retail leasing. Traditionally, these provisions have served two related purposes. Shopping center landlords often require tenants to refrain from operating another store within a specified geographic area in order to protect sales and traffic at the leased location. At the same time, retail tenants frequently negotiate their own radius protections, limiting a landlord’s ability to lease nearby shopping centers to direct competitors or to permit uses that could undermine the tenant’s market position.