Electronic Agreements

News & Analysis as of

NLRB's General Counsel Skips Regulatory Process to Allow Unions to Use Electronic Signatures on Election Petitions

On September 1, 2015, the National Labor Relations Board's General Counsel issued a guidance memorandum on electronic signatures to support a showing of interest related to a union petition. The General Counsel announced...more

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

Recent California Decisions Reinforce Need for Care in Electronic Contracting

In mid-1999, the National Conference of Commissioners on Uniform State Laws, responding to an intensifying reliance on electronic communications and a corresponding need for clarity as to the legal enforceability of...more

Fourth Circuit Relies On E-Sign Act To Hold Electronic Agreement May Effect A Valid Transfer Of Copyright

On July 17, the U.S. Court of Appeals for the Fourth Circuit held that under the E-Sign Act, an electronic transfer may satisfy the requirements for transfer of a copyright under the Copyright Act, even though the Copyright...more

Tenth Circuit Enforces Electronic Agreement Entered Into On An Installation Technician’s Laptop

On December 11, the U.S. Court of Appeals for the Tenth Circuit affirmed dismissal of plaintiffs’ claims concerning AT&T’s U-Verse services, based on forum selection and arbitration clauses in the agreements between the...more

Enforceability of Clickwrap Agreement Called into Question - Checklist for Best Practices in Electronic Contracting

Clickwrap agreements are agreements formed on the Internet. A website provider generally posts terms and conditions and the user clicks an "I Accept" button. The courts have generally held these agreements to be enforceable....more

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