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Internet Law: U.S. Court Decides Emails Equal a Signature for Contracts
Internet Business Law Services has reported that "New York appellate court has ruled that e-mails were signed writings that modify contracts, in a April 1, 2008 ruling. The case was filed in October 1999, and related to the claim of breach-of-contract. The court wrote, "the e-mails from plaintiff constitute "signed writings" within the meaning of the statute of frauds, since plaintiff's name at the end of his e-mail signified his intent to authenticate the contents (see Rosenfeld v Zerneck, 4 Misc 3d 193 [2004]). Similarly, Bloom's name at the end of his e-mail constituted a "signed writing" and satisfied the requirement of § 13(d) of the employment agreement that any modification be signed by all parties."
The IBLS goes on to say that: "The lawyers representing defendants Publicis USA, Peter Raymond, a partner at Reed Smith, claims that the decision creates a new standard for employment agreements, such that a standard contract clause requiring an amendment be in writing will have to specify that e-mails with a typed name and/or signature block do not create a signed writing if that is the sender's intent. In other words, should this law become a new standard, it represents a massive change in contract and Internet law and could create a massive impact on the subject area."
Reported by IBLS Editor- Kelly O´Connell, Sunday, May 02, 2010