In Case You Missed It (May 26 – June 1, 2008)

News stories from the week of May 26, 2008 that piqued our interest:

Sperm e-mail ‘doctored,’ Denise Richards claims
MSNBC, May 21, 2008

While we know this article is a little out of date for this week’s recap, we figured none of our readers would mind just this once (especially if you’re interested in the latest celebrity gossip). According to a TODAYShow.com contributor, actress Denise Richards is denying a claim that she asked her ex-husband, actor Charlie Sheen, to father a child through artificial insemination. However, Sheen claims that an email proves that Richards did in fact make this request. Richards denies the authenticity of the email, claiming she had never written such a document.

In the email written to Sheen’s then-fiancée and current wife, Richards allegedly writes that she and Sheen had an agreement whereby he would artificially inseminate Richards. She claims the email is a fake but Sheen and his wife say it’s the real deal. Though we don’t know who is lying, we can tell you that both parties would be better off using the proper authentication tools for emails. This story brings home the importance of email authentication for personal use. We often discuss business uses for authentication tools but, when facing litigation or challenges in your personal life, it can be just as important to have the right tools in place to protect your reputation and save you from potential harm.

E-Mail Contracts: A New 'Signed, Sealed, Delivered'
New York Law Journal, May 28, 2008

Historically, contracts were required to literally be “signed, sealed and delivered” in order to be considered legitimate. However, the popularity of the Internet is shaking some things up. Parties are now able to agree to and execute contracts via email. (For an example of such a contract, read the 2005 decision made by the U.S. District Court for the Southern District of New York in Hostcentric Technologies Inc. v. Republic Thunderbolt, LLC.)

This article goes on to explain other decisions that have addressed the issues of signatures and contract amendments, both of which are being influenced by electronic communications.

“As these recent decisions reflect, e-mail contracting can be an effective way to form an enforceable contract. They can, however, be a boon or curse. E-mail is a casual and speedy form of communications, previously unheard of in the practice of law and which belies its potential legal import.”

Now that email is growing in popularity in the world of contracts, it’s important that the parties remember the issue of authentication. Failing to prove the truthfulness of the documents at hand can lead to a dead end. As simple as it is to alter an email, who’s to say that what you’re presenting to the court is original in its entirety?

Web 2.0 Collides with E-Discovery
Law Technology News, May 30, 2008

This article, written by Surety advisory board member Dan Regard and attorney Tom Matzen, details Web 2.0 issues that attorneys and IT professionals must now think about during discovery. From MySpace and Facebook pages to blogs, wikis and video sites, the Internet now has millions of places to post content that could be important to a lawsuit.

“Web 2.0 features invent and multiply new locations where data is created, the way it creates value, the means in which it is transferred, and the number of ways that information can be logged and referenced,” note the authors.

Many of the features of Web 2.0 are still new to users and the legal issues concerning them have yet to be resolved but it’s become clear that both attorneys and IT professionals need to stay on top of their game to keep up with the latest in e-discovery.

Posted by Jennifer on June 03, 2008 at 10:00 AM
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