SlackPass, Inc. v. Frosted, Inc. — 2d Cir. (Sep 4, 2026)
We hear the Second Circuit argument in SlackPass versus Frosted, a dispute between LaunchPass and its competitor Whop. LaunchPass helps people charge for access to private chat communities, including on Slack and Discord. It sued Whop over alleged misuse of LaunchPass's website and services, with claims including unauthorized computer access and unfair competition. The defendants first asked the court to dismiss the lawsuit, but won only in part. They then sought arbitration under LaunchPass's own terms of use. The district court refused, finding that they had given up that right by litigating first. This appeal concerns whether that conduct waived arbitration and how the terms' jury-trial waiver should be read.
SlackPass, Inc. v. Frosted, Inc. (No. 26-967) — U.S. Court of Appeals for the Second Circuit, argued September 4, 2026.
- 0:00Introduction
- 3:00Computer Fraud and Abuse Act
- 11:30Colorado River abstention
- 16:05Advocate — Fred Shrayber