The growing volume of privacy litigation has prompted businesses to try and ensure their arbitration and other online agreements will pass judicial muster. At the same time, companies face the delicate balancing act of seeking to protect themselves without disrupting the user experience. This article distills insights offered by Kyle Fath, a partner at Squire Patton Boggs, and Julie Rubash, GC and CPO at Sourcepoint, on common ways companies seek to bind users to their terms of use, the leading cases assessing whether and when such mechanisms suffice to create enforceable contracts, and practical tips for creating binding online agreements. See “Scrutiny Over Dark Patterns Presents Further Challenges in Online Contracting” (Jan. 18, 2023).