Articles and Speeches
Case Law on Electronic Signatures and the Enforceability of Electronic Transactions
May 15, 2008
Jon A. Neiditz
, Amanda M. Witt
Under New York law, a series of emails can effectively amend a written
employment agreement
Stevens v. Publicis, S.A., 2008 NY Slip Op. 02880 (April 1, 2008).
In this decision, a New York appellate court affirmed the trial court’s holding that an email exchange effectively amended an employment agreement. The plaintiff served as the CEO of the defendant’s American subsidiary. Following the onset of financial problems in the American company, the plaintiff was removed as CEO and given a number of options. In an email from the then-chairman of the defendant’s American subsidiary, the plaintiff received a proposal whereby the plaintiff could remain at the company if he spent 70% of his time developing new business and the remainder managing business operations and cultivating former clients. In his reply to the chairman’s emailed proposal, plaintiff stated the following: “I accept your proposal with total enthusiasm and excitement …” Each party typed his name at the foot of each email message.
