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e-Mail Exchanges As Binding Contracts
Contracts, it is generally assumed, have to be “signed, sealed and delivered” to be deemed effective. The explosive growth of the Internet and the increasing use and prevalence of e-mail, however, have radically altered how those formalities can be fulfilled. As a number of recent decisions in New York and elsewhere make absolutely clear, for good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail. See, e.g., Seymour v. Hug, 413 F. Supp. 2d 910 (N.D. Ill. 2005) (parties reached enforceable settlement agreement by virtue of e-mails).
Consider, for example, the 2005 decision by the U.S. District Court for the Southern District of New York in Hostcentric Technologies Inc. v. Republic Thunderbolt, LLC, 2005 U.S. Dist. Lexis 11130 (S.D.N.Y. June 9, 2005), where, in a dispute over a commercial lease, the plaintiff tenant sought to enforce a settlement agreement documented in an e-mail exchange against the landlord defendant.
As the court explained, on Sept. 21, 2004, after litigation had begun, the attorney for the landlord sent an e-mail to the lawyer for the tenant “to confirm my client's final settlement counter-proposal.”
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.