News & Analysis as of

Email Settlement Agreements

Jackson Lewis P.C.

Failure to Safeguard, Two Cyber Intrusions, and an $850,000 SEC Settlement

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Virtually all organizations have an obligation to safeguard their personal data against unauthorized access or use. Failure to comply with such obligations can lead to significant financial and reputational harm. In a...more

Balch & Bingham LLP

Alabama Appellate Court Determines Who Is Responsible For Loss Due To Fraudulent Wire Transfer Instructions

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In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Conrad Anderson IV, partner in the firm’s Litigation Practice, to explore the Alabama Court of Civil...more

Bond Schoeneck & King PLLC

You’ve Got Acceptance! First Department Holds That Email Containing Attorney’s Signature Block Constitutes a Signed Settlement 

Email communication between attorneys has been the norm for some time now, but courts are still grappling with circumstances when an email constitutes an offer or acceptance of a settlement agreement. A recent First...more

Burns & Levinson LLP

Actual Notice Via Email Is Not Always Sufficient

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In another post, I discussed how an email can satisfy the signature requirements of the Statute of Frauds. Nevertheless, an email is not always sufficient. Indeed, as the plaintiff in Terry v. Vinfen recently learned,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - December 2019

In this month's edition of our Privacy & Cybersecurity Update, we take a look at guidance on artificial intelligence released by the U.K. Information Commissioner's Office and the Turing Institute, as well as guidance...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Bradley Arant Boult Cummings LLP

Spam or Class Action Refund? Consumers Can’t Tell

Two recent studies by the FTC show that some methods for notifying potential class members of class action settlements are not as effective as courts and counsel might believe. In September, the FTC published a report on two...more

Burr & Forman

Hey Siri, Why Did You Settle That Case Without Me Signing?

Burr & Forman on

In a world of texts, email and Siri, you should be careful about the impact of the words you write.  Remember that case where a court found that a string of text messages can form a binding contract? ...more

Burns & Levinson LLP

A Quick “Yes” Can Create a Binding Contract, Even If There Has Not Been Agreement on All Terms

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As I discussed in a blog post several years ago, even an informal email can constitute acceptance of a contractual offer. Moreover, just a few months ago, Judge Timothy Hillman took this principle one step further by ruling,...more

Epiq

How to Avoid Falling Victim to Wire Transfer Fraud

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According to the Association for Financial Professionals’ Payment and Fraud Controls report, 2017 was a record year for payment fraud. The tactics employed by scammers and other malicious outsiders continue to grow more...more

Nelson Mullins Riley & Scarborough LLP

Signed, Sealed, Delivered, and Enforceable: Second Circuit Finds Email to Be an Enforceable Agreement

For a vast number of professionals, email has become the preferred method for communicating and conducting business. However, many of those people who would choose to fire off a quick email over picking up a phone may not be...more

Patterson Belknap Webb & Tyler LLP

That Settles It: Attorney Emails Can Create an Enforceable Settlement Agreement

In 2010, Lehman Brothers Special Financing Inc. (“Lehman”) commenced an adversary proceeding against Shinhan Bank (“Shinhan”) to avoid and recover pre-bankruptcy transfers made to the South Korean bank. In 2015, while a...more

Proskauer - Minding Your Business

The Inadvertent Settlement Agreement (and How to Avoid it)

The recent case of Jarvis v. BMW of North America, LLC is an important reminder to attorneys to avoid inadvertently reaching a settlement agreement that is unacceptable to the client, or equally problematic, one that is...more

Manatt, Phelps & Phillips, LLP

Advertising Law - April 2017

Upromise's Broken Promise to FTC Costs $500,000 - For going back on its promise to abide by the terms of a Federal Trade Commission order, Upromise will pay a $500,000 civil penalty to the agency. The membership...more

Fenwick & West LLP

Electronic Signature (eSignature) Court Decision — a rare one

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In an odd electronic signature (eSignature) context, on December 30, 2014 a California appellate court reversed a trial court’s upholding of a settlement agreement based on a typewritten name in an email string. See J.B.B....more

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