Can you create a binding contract through email or social media messaging? Learn how to avoid potential pitfalls when communicating about contracts through email and other electronic means.
Email and other forms of electronic communication (like texting and Facebook® messaging) are ubiquitous in modern business. At all levels of an organization, representatives use email to discuss potential business arrangements with counterparties at other companies. But there is a danger: what if one of the parties believes that a binding and enforceable agreement has been created? Is that possible? Under the federal ESIGN Act and recent precedent, it is. This material is designed to educate representatives doing business via electronic means about the legal requirements to form and enforce an agreement made only through electronic communication. It will also provide helpful information to navigate situations in the event a party to an agreement created through electronic communication is unhappy with the agreement's existence or terms.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Forming a Binding Agreement Through Email
- What Recent Case Law Says About Electronic Contract Formation
- What Is Required to Form a Contract Using Electronic Communication
What Happens If Parties Form an Agreement
- What Are the Terms of an Agreement Done Through Email
- How Parties Can Navigate the Waters of an Unanticipated Agreement
Anticipating Litigation
- Strategies in Dealing With an Agreement That One Side Doesn't Want
- Possible Litigation Outcomes
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 24, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
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]
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]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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