Agreements by email

I happen to think that agreements by email are here to stay. Local state rules, like here in Texas, require some agreements between counsel to be actually signed by all counsel. Interestingly, the 1st Circuit has now held that an email might subject the recipient to mandatory arbitration.

OK, reading the opinion closely, the court actually held that the recipient could not be forced into arbitration on the facts before the court. That said, at least one blogger is warning the rest of us that people may actually hold others to what they say in an email.