When an email creates a contract.
Electronic communication has changed the way business is done. In the case of business contracts, negotiations now occur primarily through electronic communication and rarely do people rely on hard copy documents or wet ink signatures. But this raises important questions, such as whether electronic communication alone is sufficient to create a binding contract? If you are responsible for negotiating contracts on behalf of clients, a business, or yourself, you need to know whether one person’s email is another’s final agreement or even more colloquially, whether email agreements are the new the cocktail napkin contract. This white paper discusses whether it’s possible for an email to be considered a binding contract and reviews factors to consider when analyzing email agreements.
Agenda
Faculty
Geoffrey S. Kercsmar
Kercsmar & Feltus PLLC
- Managing partner of Kercsmar & Feltus PLLC
- Practice concentrates on commercial and contractual litigation and intellectual property disputes
- Handling complex litigation for nearly twenty years, including lawsuits involving business contracts, technology contracts, business torts, employment, and consulting agreements, intellectual property and trademarks, construction, professional malpractice, corporate governance, and commercial fraud
- J.D. degree, Penn State University's Dickinson School of Law; B.A. degree, with honors, Trent University
- Can be contacted at 480-421-1001 or [email protected]
Zach R. Fort
Kercsmar & Feltus PLLC
- Senior associate, Kercsmar & Feltus PLLC
- Practice concentrates on commercial and contractual litigation, intellectual property disputes, and legislative and governmental affairs
- Over five years representing clients in disputes involving business contracts, technology contracts, real estate contracts, business torts, employment and consulting agreements, intellectual property and trademarks, construction, corporate governance, shareholder demands, and commercial fraud
- J.D. degree, Arizona State University's Sandra Day O’Connor College of Law; B.A. degree, with honors, Arizona State University’s Walter Cronkite School of Journalism and Mass Communication
- Can be contacted at 480-421-1001 or [email protected]
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