Originally published by Matthew DeVries on Best Practices Construction Law blog.
In a world of texts, email and Siri, you should be careful about the impact of the words you write. Remember that case where a court found that a string of text messages can form a binding contract? Another court took a similar approach, finding that a casually written email by an attorney can constitute a settlement agreement.
Although it was a summary order with no precedential effect, the Second Circuit held in In re: Lehman Brothers Holdings, Inc. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties never signed a written agreement. While the case is certainly interesting and the holding appears to be novel, it appears consistent with traditional contract law principles.
