California Appellate Court Enforces Email Agreement

On August 30, the California Court of Appeals for the Second Circuit held that a company was bound by the terms of an unexecuted agreement sent via email because it accepted the email offer through performance. DC Media Capital v. Imagine Fulfillment Services, No. B239081, 2013 WL 4665219 (Cal. Ct. App., Aug. 30, 2013). Notably, the court also found that a subsequent email exchange between the parties about modifying a contract term effectively amended the contract such that the company could be held liable for breach. We note that this decision is not certified for publication.