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The Perils of Ecommerce - When an Email Creates a Contract

Date: Monday, October 30, 2017
Time: 1:00 - 2:00 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services


Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00
 

Description:

Learn best practices to avoid the unintentional formation of a binding contract through email.

In the modern world, email communications are as common as greeting an acquaintance with ‘good morning.'

Unfortunately, many give as little consideration to their emails as they do their obligatory morning greetings, failing to realize that emails can create legally binding obligations which the author may not have intended. This material will explore the rules regarding the formation of contracts through emails, and ways to avoid becoming unintentionally obligated.

Areas Covered in the Session:

Overview

  • The Explosion of Electronic Communications and Its Facilitation by Both Courts and Legislatures
  • Brief Description of What the Webinar Will Cover

Relevant Statutes

  • 15 U.S.C. Ch. 96 - Electronic Signatures in Global and National Commerce
    • Relevant Provisions
  • The Uniform Electronic Transactions Act
    • Relevant Provisions
    • Rules Applicable to Jurisdictions Which Have Not Adopted

Case Studies

  • Scheinmann v. Dykstra, SDNY 2017 (Court Found Email Exchange Created a Binding
  • Settlement Agreement Despite Absence of Customary Terms)

Practices to Avoid the Unintentional Formation of a Contract Through Email

  • Disclaimers
    • Example of a Disclaimer (Used by One of Our Clients)
    • Issues to Address in Disclaimers
    • Problems With Disclaimers
  • Timely Retraction
    • The Mailbox Rule as Applied to Emails

Evidentiary Issues With Proving Email Contracts

  • Authentication
  • Other Issues
    • Potential for Contract Formation Through Other Electronic Means, e.g. Social Media

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

Bruce Robins, Feder Kaszovitz LLP

  • Attorney with Feder Kaszovitz LLP in Manhattan
  • Practiced for 29 years dealing primarily with commercial litigation in all phases, from inception through appeal, and all forums
  • Represents clients ranging from unsophisticated individuals to publicly traded corporations, and has litigated their cases before tribunals ranging from the Environmental Protection Agency to the American Arbitration Association, through the Second, Third, Fourth, and Eleventh Circuit Courts of Appeal
  • AAA trained as a mediator
  • Member of the Lawyers.com panel of attorneys who offer assistance to unrepresented parties by answering their legal questions posted online, and helping to guide them through the legal process
  • J.D. degree, with honors, Hofstra University School of Law
  • Can be contacted at 212-888-8299 or brobins@fedkas.com

(Not available outside the US)