Philadelphia partner Sam Mason authored an article for Bloomberg Law Reports on the case of CX Digital Media, Inc. v. Smoking Everywhere, Inc., a case in which a Florida federal court ruled that, under Delaware law, an instant message was a sufficient means of conveying assent to change a website landing pages.
In his article, titled "Awesome!" Text Messages Amend Contract, Sam analyzes the exchange between parties and the court’s interpretation of the language and applicable law. He also discusses what companies should do “to minimize the chances of inadvertently concluding or amending a contract.”
At issue in CX Digital Media was a sales contract that CX Digital alleged was amended by an instant message exchange between the parties. Analyzing the exchange in question, the court concurred.
Click on the PDF link above to view the full article.