Ninth Circuit Rules in Favor of Client PeopleConnect

The Ninth Circuit ruled in favor of PeopleConnect, Inc. in a significant case about the enforceability of online terms of service and agreements to arbitrate.

 

The question in Knapke v. PeopleConnect, Inc. was whether a plaintiff could be required to arbitrate her claims against PeopleConnect, Inc. if her attorney agreed to the terms of service on PeopleConnect’s website while investigating and developing the plaintiff’s claim.

 

The panel vacated the district court’s denial of PeopleConnect’s motion to compel arbitration and remanded for the parties to engage in discovery into facts that would be material to PeopleConnect’s agency and contract law theories. In doing so, the Ninth Circuit clarified that under the Federal Arbitration Act courts should permit discovery to resolve disputes over contract formation whenever material facts are unknown or are disputed. The panel also rejected the argument that as a matter of state contract law an attorney cannot ever bind a client to an arbitration agreement by using a website for the client’s benefit.

 

Partner Ian Heath Gershengorn who argued the case on behalf of PeopleConnect in the Ninth Circuit, called the result a “significant win for PeopleConnect, which confirms that long-settled principles of agency and contract law apply fully in the arena of Internet terms of service. We now look forward to developing the specific facts of this case, which we believe will show that the plaintiff’s counsel did, in fact, act on his client’s behalf and for her benefit when agreeing to our terms of service.”   

 

Collaborating with Mr. Gershengorn in this appeal were Partners Debbie L. Berman, Wade A. Thomson, and Clifford W. Berlow and Associate Illyana A. Green. 

 

Read Bloomberg Law’s coverage of the lawsuit here. 

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Ninth Circuit Rules in Favor of Client PeopleConnect

The Ninth Circuit ruled in favor of PeopleConnect, Inc. in a significant case about the enforceability of online terms of service and agreements to arbitrate.

 

The question in Knapke v. PeopleConnect, Inc. was whether a plaintiff could be required to arbitrate her claims against PeopleConnect, Inc. if her attorney agreed to the terms of service on PeopleConnect’s website while investigating and developing the plaintiff’s claim.

 

The panel vacated the district court’s denial of PeopleConnect’s motion to compel arbitration and remanded for the parties to engage in discovery into facts that would be material to PeopleConnect’s agency and contract law theories. In doing so, the Ninth Circuit clarified that under the Federal Arbitration Act courts should permit discovery to resolve disputes over contract formation whenever material facts are unknown or are disputed. The panel also rejected the argument that as a matter of state contract law an attorney cannot ever bind a client to an arbitration agreement by using a website for the client’s benefit.

 

Partner Ian Heath Gershengorn who argued the case on behalf of PeopleConnect in the Ninth Circuit, called the result a “significant win for PeopleConnect, which confirms that long-settled principles of agency and contract law apply fully in the arena of Internet terms of service. We now look forward to developing the specific facts of this case, which we believe will show that the plaintiff’s counsel did, in fact, act on his client’s behalf and for her benefit when agreeing to our terms of service.”   

 

Collaborating with Mr. Gershengorn in this appeal were Partners Debbie L. Berman, Wade A. Thomson, and Clifford W. Berlow and Associate Illyana A. Green. 

 

Read Bloomberg Law’s coverage of the lawsuit here. 

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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