Increasingly, it is possible for e-mail correspondence to
have unintended results. Courts have recently ruled that a
sender's typed name appearing in an e-mail can be
evidence of an intent to modify a written agreement, even if
the underlying contract specifically requires modifications to
be in writing and signed by all parties. Accordingly, the
sender of an e-mail should take care to ensure that such
exchanges do not inadvertently create a binding obligation or
modify an existing agreement.
In April 2008, the New York State Supreme Court, Appellate
Division, First Department held in Stevens v. Publicis,
S.A. (2008 N.Y. Slip Op. 02880) that in certain instances,
a written agreement could be amended by e-mail correspondence.
Even though the contract specifically required modifications to
be in writing and signed by all parties, the court in
Stevens interpreted the typed name of the sender at
the foot
