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Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
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Statute of Frauds and Emails — Typing a Name at Bottom of Email Sufficient to Satisfy Statute, But “Pre-Printed” Signature Is Not

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Rhodium Special Opportunity Fund, LLC v. Life Trading Holdco, LLC, 2014 N.Y. Misc. LEXIS 1525 (Sup. Ct. N.Y. Cnty. Mar. 31, 2014):

Courts in New York have held that an email may constitute a writing for the purpose of the statute of frauds. See Naldi v Grunberg, 80 AD3d 1, 14, 908 N.Y.S.2d 639 (1st Dept 2010); Williamson v Delsener, 59 AD3d 291, 874 N.Y.S.2d 41 (1st Dept 2009); Steven v Publicis. S.A., 50 AD3d 253, 854 N.Y.S.2d 690 (1st Dept 2008). The courts have focused on the requirement of a signature to determine when emails meet the requirement. In Rosenfeld v Zerneck, 776 NYS2d 458, 460, 4 Misc. 3d 193 (Sup Ct 2004), the court held that typing a name on the bottom of an email indicated authentication in the way that a signature would on paper for the statute of frauds. The act of typing the name matters, as a pre-printed signature in an email footer has been held to be insufficient as a signature for an email to meet the statute of frauds. Landesbank v 45 John St. LLC, 102 AD3d 587, 960 N.Y.S.2d 64 (1st Dept 2013). In the instant case, the set of emails had typed signatures that met the signature requirement.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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