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Internet Law: U.S. Court Decides Emails Equal a Signature for Contracts

By ParalegalGateway.com

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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 case concerned the sale of a New York-based public relations firm, Lobsenz-Stevens (L-S), to defendant Publicis S.A., a French global communications firm, and an American subsidiary. There were two contracts at issue, the first being a stock purchase agreement, related to the plaintiff selling all the stock of L-S to defendants. The second contract was an employment agreement, which stipulated that the plaintiff was to keep the position of Chairman and CEO of the new company, dubbed ?Publicis-Dialog, Public Relations,? New York (PDNY). The plaintiff was to keep the job for three years, and his duties were to be the ?customary duties of a Chief Executive Officer.?