After revolutionizing the way businesses communicate and conduct business, e-mail now stands to transform the way lawyers negotiate. Significantly, as e-mail replaces more conventional modes of communication and contract formation, judges are embracing e-mail exchanges as a medium through which parties can form binding settlement agreements.
For example, in a recent decision from a Massachusetts appellate court, Basis Tech. Corp. v. Amazon.com, Inc., the court upheld the trial courts decision that an e-mail exchange between the parties formed a binding settlement agreement. The appellate court enforced the settlement terms found in an e-mail exchange against Amazon.