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The Perils of E-Commerce - When an Email Creates a Contract

Can you create a binding contract through email or social media messaging? Learn how to avoid potential pitfalls when communicating about contracts through email and other electronic means.

Email and other forms of electronic communication (like texting and Facebook® messaging) are ubiquitous in modern business. At all levels of an organization, representatives use email to discuss potential business arrangements with counterparties at other companies. But there is a danger: what if one of the parties believes that a binding and enforceable agreement has been created? Is that possible? Under the federal ESIGN Act and recent precedent, it is. This material is designed to educate representatives doing business via electronic means about the legal requirements to form and enforce an agreement made only through electronic communication. It will also provide helpful information to navigate situations in the event a party to an agreement created through electronic communication is unhappy with the agreement's existence or terms.

90 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Forming a Binding Agreement Through Email

  • What Recent Case Law Says About Electronic Contract Formation
  • What Is Required to Form a Contract Using Electronic Communication

What Happens If Parties Form an Agreement

  • What Are the Terms of an Agreement Done Through Email
  • How Parties Can Navigate the Waters of an Unanticipated Agreement

Anticipating Litigation

  • Strategies in Dealing With an Agreement That One Side Doesn't Want
  • Possible Litigation Outcomes
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 24, 2019.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Zach R. Fort

Zach R. Fort

Kercsmar & Feltus PLLC

  • Senior associate, Kercsmar & Feltus PLLC
  • Practice concentrates on commercial and contractual litigation, intellectual property disputes, and legislative and governmental affairs
  • Over five years representing clients in disputes involving business contracts, technology contracts, real estate contracts, business torts, employment and consulting agreements, intellectual property and trademarks, construction, corporate governance, shareholder demands, and commercial fraud
  • J.D. degree, Arizona State University's Sandra Day O’Connor College of Law; B.A. degree, with honors, Arizona State University’s Walter Cronkite School of Journalism and Mass Communication
  • Can be contacted at 480-421-1001 or [email protected]
Geoffrey S. Kercsmar

Geoffrey S. Kercsmar

Kercsmar & Feltus PLLC

  • Managing partner of Kercsmar & Feltus PLLC
  • Practice concentrates on commercial and contractual litigation and intellectual property disputes
  • Handling complex litigation for nearly twenty years, including lawsuits involving business contracts, technology contracts, business torts, employment, and consulting agreements, intellectual property and trademarks, construction, professional malpractice, corporate governance, and commercial fraud
  • J.D. degree, Penn State University's Dickinson School of Law; B.A. degree, with honors, Trent University
  • Can be contacted at 480-421-1001 or [email protected]
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 406231
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