Technology often outstrips the
confines of the law. Today, business professionals commonly use electronic
communication to aid in transacting business. However, the use of
electronic communications can also complicate legal analyses about whether a
binding contract has been formed. This presentation will focus on
real-life examples of best practices as well as things to avoid when using
electronic communications to negotiate business agreements. Case law will
be analyzed to help answer the following questions:
Can electronic communications create and form binding contracts?
What special considerations are there based on the type of agreement sought
(e.g., in regards to contract negotiations, formation, and
modification)?
Are there state-specific idiosyncrasies that
affect whether electronic communication should be used?
How do
courts interpret electronic communication that conflict with standard written
communication?
Are electronic signatures equivalent
to written signatures?
This CLE is approved for credit
through February 11, 2019.
Presenters:
Jon Farnsworth is a
shareholder at Felhaber Larson in Minneapolis, Minnesota. He is an outside
general counsel to privately held companies and established non-profits. Jon’s
business training distinguishes him from other lawyers. He utilizes his master’s
degree in Business Administration (M.B.A.) in conjunction with his law degree to
provide comprehensive analysis and guidance to clients. Jon is fond of saying
“an attorney should foster business, not inhibit it.”, a motto that reflects his
dedication to helping clients who seek not just a simple legal opinion, but also
practical insights about how legal matters intersect with the dynamics of
business. Jon’s practice primarily focuses on counseling clients through
complex computer, internet, privacy, website, data breach, technology, and
intellectual property legal issues. Jon’s clients range from entrepreneurs and
start-up companies to established enterprises with international name
recognition. In addition to technology companies, Jon represents clients
in a variety of industries, including retail, medical, specialized
manufacturing, real estate, fitness and athletics, security, consumable products
and service.
Elizabeth (Liz)
Roetker practices in the areas of business law
and transactions, mergers and acquisitions, and real estate law. Liz emphasizes
timely service to clients and attention to detail in her work. Prior
to joining Felhaber, Liz’s practice included business organizations, mergers and acquisitions, reorganizations, securities
transactions and financing, and trademark prosecution. Additionally, Liz worked as an adjunct
professor teaching first-year legal writing at Mitchell
Hamline
College of Law.