Signatures

News & Analysis as of

“2 Sign or Not 2 Sign:” Which Statute of Frauds Governs Oil & Gas Leases?

In a recent decision, the Pennsylvania Superior Court resolved an open question of state law regarding which one of two alternative statutes of frauds apply to oil and gas leases, in the process making clear that for an oil...more

Minnesota Appellate Court Holds Email Signature Not Necessarily Evidence Of Intent To Sign Attachments

On June 2, the Minnesota Court of Appeals held that under the Uniform Electronic Transaction Act (UETA), an electronic signature in an email message does not necessarily evidence intent to electronically sign an attached...more

Robo-Signing Still Making Headlines As Wells Fargo Settles Another Lawsuit

“Robo-signing,” the term coined to refer to bank officials who quickly approved mortgage foreclosure documents without actual knowledge of the validity of the grounds for foreclosure, has been spurring lawsuits and making...more

Are You Awake?

A recent decision I came across reminded me that while sometimes the law is complex, sometimes it only sounds complex but is really just common sense. In Justice Gray’s decision in Bhuvanendra v. Sivapathasundram et al, 2014...more

What and How You Sign a Contract Matters

Needing a sales boost for his new line of fashion catheters, Sy Noff, owner and President of Med, Inc., retains advertising gurus Draper & Olson. Their contract provided for signature by Sy Noff as “President and CEO” of “Med...more

Ginnie Mae Issues Clarification on Electronic Signatures and Documents

Ginnie Mae recently issued All Participant Memorandum 2014-01, which clarifies its position on electronic signatures and documents. In response to the Federal Housing Administration's recent announcement (Mortgagee Letter...more

Unsigned And Out Of Luck

In keeping with Missouri courts' increasingly narrow view of enforcing arbitration agreements in the employment arena, the Missouri Court of Appeals in Baier v. Darden Restaurants yesterday upheld the trial court's decision...more

Seventh Circuit Holds Attorney is Bound to $3.54m Class Settlement Fee Agreement He Did Not Sign

On February 14, 2014, the Seventh Circuit ruled that a plaintiff’s attorney was bound by the terms of a class action settlement involving alleged malfeasance in the laying of fiber-optic cables by telecommunications companies...more

Real Estate Tip – “But I Didn’t Sign Anything”

In a recent Maine case, McClare v. Rocha, 2014 ME 4, the state’s highest court taught us how dangerous email exchanges can be. The issue is whether an exchange of emails between lawyers can create a contract for the sale of...more

FHA Permits Electronic Signatures

FHA recently issued Mortgagee Letter 2014-03, which states that effective immediately, FHA will accept electronic signatures on a voluntary basis for the following documents...more

Special Alert: FHA Announces It Will Accept Electronically-Signed Mortgage Documents

On January 30, HUD issued Mortgagee Letter 2014-03, announcing that FHA will now treat electronic signatures as equivalent to handwritten signatures for certain mortgage documents. The announcement sets forth FHA’s first...more

FBAR E-Filing and Signature Authority: What You Need to Know

Much has been written about the IRS's dogged pursuit of taxpayers with unreported foreign accounts. These accounts are reported on the Report of Foreign Bank and Financial Accounts (FBAR) when a taxpayer has a financial...more

Tax Law Blog: Electronic Signatures, What's Next?

While more and more transactions are eliminating paper and becoming completely electronic, I think we all assumed certain documents would still need to be signed on paper. For example, real estate documents, tax documents,...more

Contractual Mutual Assent in an Email World

“Words, once spoken, can never be recalled.” This sage guidance from Wentworth Dillon applies with equal force in the world of instant text communication where emails, once sent, can never be withdrawn. Lawyers and...more

Collecting Director Signatures Before Joining the Board

It is not unusual to collect signature pages in connection with corporate transactions prior to the transaction and then release them at the time of the transaction. However, Delaware law provides that when a person executes...more

NJ Supreme Court Requires Settlement at Mediation to Be Memorialized in Writing

The New Jersey Supreme Court has issued a ruling in Willingboro Mall v. Franklin Avenue, LLC that when settlement is reached at a mediation, the terms of the settlement must be memorialized in writing before the mediation...more

Sign Here

In 2006 the Legislature amended Code of Civil Procedure section 998 to state that "The written offer shall include . . . a provision that allows the accepting party to indicate acceptance of the offer by signing a statement...more

Recently Reenacted North Carolina Limited Liability Company Act Goes Into Effect on January 1

On January 1, 2014, North Carolina’s new limited liability company act (Session Law, 2013-157, signed by the Governor on June 19, 2013, the “New NC LLC Act”) goes into effect, raising the following questions...more

Pathology Lab That Cannot Demonstrate Adequate Physician Orders Suffers Medicare Loss

Much has been written regarding various Medicare policies that may cause a clinical laboratory to suffer the resulting financial consequences when a test requested by a physician is found to be not medically necessary, most...more

Is an Offer Letter the Whole Show or Just a Preview of Coming Attractions?

If an employer has the foresight to address all meaningful terms of the employment relationship in offer letters to candidates, the employer may be satisfied to rely on those offer letters as binding contracts. But most of...more

New Requirement for LTC Facilities That Arrange Hospice Services through a Medicare-Certified Hospice

Effective August 26, 2013, the Centers for Medicare & Medicaid Services require that a long-term care, or LTC, facility that chooses to arrange for the provision of hospice services through a Medicare-certified hospice must...more

Sign those Real Estate Agreements!

The Statute of Frauds is a BIG deal in real estate transactions and litigation. (This is our second post about it already…)....more

The Perils of Creating Your Own Estate Plan

Who says trust and estate law isn’t interesting? ...more

The Empty Dotted Line — What Does It Mean?

You own a manufacturing business. You spent a good part of last year putting together a private-branding and distributorship agreement with a new customer and a new distributor. Most of it was over email. Now the...more

What Makes A Lease "Enforceable" - What You Need to Know

Leases are often not given the same attention as other types of contracts with respect to issues of corporate authority and enforceability. Proof of authority is often an issue in the context of leases and related documents....more

31 Results
|
View per page
Page: of 2