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With a daily average of emails, 45 text messages, innumerable tweets, posts, and pics flying in and out at the click, the average professional participating in the global market economy has reached the era of informal instant communication.

But despite the demands of integrating wide networks through multiple mediums, some things remain the same—like how we create a contract. CX Digital Media, Inc. In this case Smoking Everywhere, Inc.

Smoking Everywhere said that CX had breached the contract, but Smoking Everywhere failed to take into account a string of instant messages between its director of marketing, Nick Taurus, and CX account manager Pedram Soltani. And I want the AOR [agent of record] when we make Casal offer 1 on the network.

Even where no formal written contract exists, emaiking exchange of emails can create a binding contact. The attorneys for both parties exchanged emails regarding a proposed settlement.

Three weeks later, Ms. Elrod advised her attorney that she had changed her mind and no longer wanted to settle the case. Elrod Cssual to sign the settlement documents.

Waddle subsequently filed a motion asking the trial court to enforce the settlement agreement. Elrod responded that the email exchange merely resulted in an agreement to agree, with many important material terms left unaddressed.

Educate your principals, officers and employees regarding the potential legal implications of electronic communication.

Make sure they understand that electronic communication is retrievable and discoverable. Preserve text messages and other instant communication to avoid unpleasant surprises.

Many texting programs will allow for instant message streams to be emailed for easy archival.

Clarify Methods of Contract Amendment. Contracts should contain provisions setting forth how they can be amended or modified.

Amendment by electronic communication should be restricted to communications from specified officers of the company and should require a subsequent delivery of a written formal communication via fax, U.

In addition, any communication should specifically reference the fact that it is intended to amend or modify the original contract.

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Also, contracts should preclude amendment or modification via verbal communication or text message. Events 50 Points of Law - Estate Planning: Professional Staff Lateral Attorneys.

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