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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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.