Publications

"Enforcing a Personal Injury Settlement in the Age of Emails and Texting," New York Law Journal April 1, 2016

“As [text messaging] becomes more prevalent in the workplace, more and more settlement negotiations are being conducted via instant electronic communication including text messages and e-mail,” write Theodore W. Ucinski III and Matthew S. Libroia, attorneys in Goldberg Segalla’s General Liability Practice Group.

“So the question then becomes, is an email or text message sufficient to bind the parties to a settlement?”

In this article, Ted and Matthew explore the unique and evolving challenges, in terms of enforcing settlement agreements, that come with the move away from traditional correspondence. Their analysis looks at what constitutes a “writing” in the age of instant electronic communication, where courts are likely heading in this area, and practical steps practitioners may take to protect their clients’ interests in the ever-changing landscape of technology.

Read the article here: