Negotiating Business Agreements via Text, Email, and Other Electronic Communications

Avoiding Inadvertent Contracts; Navigating Issues of Enforceability, Authentication of E-Signatures, and Admissibility

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, July 21, 2020

Recorded event now available

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Program Materials

This CLE webinar will examine trends and case law developments affecting businesses negotiating agreement terms via text, email, messaging, or other forms of electronic communication. The panel will discuss steps counsel should take to avoid inadvertently forming an e-contract and strategies to minimize liability exposure in the event electronic communications are determined to create an enforceable contract. The panel will also examine legal and practical issues regarding the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in breach of contract litigation.

Description

Emails and text messages are now standard forms of business communication and are frequently how corporate counsel outline, negotiate, and revise the terms and conditions of transactions. In recent years, several cases have centered on whether emailed negotiations are enforceable contracts, with courts across the country coming down on both sides of the issue.

Courts generally consider the circumstances surrounding the electronic communications as well as the language used in the exchanges to determine whether the parties intended to create an electronic contract. This CLE will discuss lessons from prior litigants and helpful suggestions of how to pursue best practices.

The panel will examine trends and case law developments affecting businesses negotiating agreement terms via text, email, messaging, or other forms of electronic communication. The panel will discuss steps counsel should take to avoid inadvertently forming an e-contract and strategies to minimize liability exposure in the event electronic communications are determined to create an enforceable contract. The panel will also examine legal and practical issues regarding the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in breach of contract litigation.

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Outline

  1. Current trends and recent case law developments
  2. Avoiding the inadvertent creation of an electronic contract
  3. Minimizing liability risks when negotiating via text, email, or other electronic communications
  4. Legal issues with electronic signatures
  5. Addressing enforceability, authentication, admissibility in breach of contract disputes

Benefits

The panel will review these and other noteworthy issues:

  • What lessons can business counsel glean from court rulings in cases alleging the creation of electronic contracts based on text messaging and other e-communications?
  • What are the legal issues surrounding electronic signatures?
  • What enforceability, authentication, and admissibility challenges do counsel face in breach of contract actions involving alleged electronic contracts?

Faculty

Anderson, Tara
Tara J. Anderson

Attorney
TJA Business Law

Ms. Anderson works with privately held companies and nonprofits, including a number of technology and software...  |  Read More

Farnsworth, Jon
Jon L. Farnsworth

Partner
Spencer Fane

Mr. Farnsworth assists clients with all aspects of business law, from transactions to litigation, mergers and...  |  Read More

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