Electronic Signatures, Inferences and Access to a Decedent’s Emails
State E-Discovery columnist Mark A. Berman discusses cases that tackled the following questions: When does an electronically transmitted document contain an “electronic signature” for purposes of New York’s Electronic Signatures and Records Act? Can an email be used as “documentary evidence” under CPLR Rule 3211(a)(1) against the person who received it who does not possess it or recall receiving the email? He also discusses two cases that construe the recently enacted Article 13-A of the EPTL.
By Mark A. Berman|December 29, 2017 at 02:40 PM
Thank you for sharing!
Your article was successfully shared with the contacts you provided.
When does an electronically transmitted document contain an “electronic signature” for purposes of New York’s Electronic Signatures and Records Act? The answer is not that straight forward as demonstrated in the recent Third Department decision in Solartech Renewables v. Vitti, 2017 N.Y. App. Div. LEXIS 8635, 2017 NY Slip Op 08574 (Dec. 7, 2017). Can an email be used as “documentary evidence” under CPLR Rule 3211(a)(1) against the person who received it who does not possess it or recall receiving the email? Under certain circumstances, the answer is “yes” as demonstrated in Lisi v. Lowenstein Sandler, 2017 N.Y. Misc. LEXIS 4426, 2017 NY Slip Op 32411(U) (Sup. Ct. N.Y. Co. Nov. 16, 2017). Finally, discussed below are two cases that construe the recently enacted Article 13-A of the Estates, Powers and Trusts Law which provides for a custodian of electronic records, such Google, to disclose to the personal representative of a decedent’s estate a catalogue of electronic communications sent or received by a deceased user.
This content has been archived. It is available exclusively through our partner LexisNexis®.
To view this content, please continue to Lexis Advance®.
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
"Nothing gets the hungry lawyer s juices flowing like a big new project, but the temptation to dive in and start lawyering must be resisted. Planning comes before execution. And it is incumbent on the lawyer, not the client, to initiate that planning."
For the third time, U.S. District Judge Forrest ordered Joseph Allaham to produce discovery material subpoenaed as part of a California suit filed by a Trump fundraiser over an alleged discrediting scheme using stolen and leaked emails.
Bracewell partner Barbara Jones' $700 per hour rate was applied to work done in April in the review of material seized by the government from Michael Cohen's offices and home.
Law Offices of Mark E. Salomone
2 Oliver St #608
Gary Martin Hays & Associates
235 Peachtree St NE #400
Smith & Hassler
225 N Loop W #525
Presented by BigVoodoo
More from ALM
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.
Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.
Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details
Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.