Electronic Contracting


The three presenters in this course walk the audience through many different areas of electronic contracting, from the movement of electronic transactions and all that it is necessary to pay attention to, to case studies that involve Dell, AOL, eBay, PayPal and Google, as well as an in-depth look at the online gaming industry and how it has been affected by various electronic transactions. Last is a thorough look at the preservation and retention of electronic records, as well as the effects of the 2006 post-amendment changes to the Federal Rules of Civil Procedure.


I. Movement of Electronic Transactions
        A. Starting Things Off
        B. Setting the Stage
        C. How Do I Make It Happen?
                1. Can the Transaction Be Done?
                2. What Are the Rules?
                        a. General Requirements
                        b. Consent
                3. Trusting Transactions
                        a. Two Dimensions
                        b. The Three Parts
                4. Case Example
                5. Working the Requirements
II. Case Studies
        A. Background
        B. Dell
        C. AOL
        D. eBay and PayPal
        E. Google & Others
        F. Online Games
III. Preserving Records
        A. Overview
        B. Record Retention
        C. Legal Considerations
        D. Federal Rules of Civil Procedure Amendments
                1. History
                2. Protections
                3. Discovery Requests
                4. Discovery Abuse and Rule 37
                5. Privilege
        E. What's Happening in the Courts?
        F. Post-Rule-Amendment Cases
        G. Record Retention Policies

Content Provided

The Penn State Dickinson School of Law

Founded in 1834 by Judge John Reed, The Dickinson School of Law is the oldest law school in Pennsylvania and the fifth oldest in the nation. Throughout its history, the law school has trained distinguished graduates who have gone on to become leaders of the bar, of the judiciary, of government, and of business. These alumni include the first secretary of the U.S. Department of Homeland Security, five governors, three U.S. senators, and more than 100 federal, state and county judges and countless prominent lawyers and civic leaders. In 2000, the law school merged with Penn State, one of the country's premier research universities, and stepped into a new era of legal excellence.

Speakers / Authors:

Photo of Christina L. Kunz

Christina Kunz
William Mitchell College of Law

Christina L. Kunz is a professor of law at William Mitchell College of Law. Professor Kunz has helped to develop electronic commercial law since 1990. She actively participates in the American Bar Association’s Cyberspace Law Committee, is a frequent speaker on the topic nationwide, and has co-authored groundbreaking articles on electronic contract formation and legal issues in online multiplayer games. This expertise supplements a longstanding interest in Uniform Commercial Code (UCC) sales law and contract law. She has co-authored an innovative textbook on sales of goods under the Uniform Commercial Code and is working on an even more innovative contracts textbook.

Professor Kunz has been vice chair of the ABA Committee on the UCC and a co-chair of the ABA Working Group on Electronic Contracting Practices, and is currently a co-chair of the ABA Subcommittee on Electronic Commerce. She was elected to the American Law Institute in 2002 and is in the Members Consultative Group on the Principles of the Law of Software Contracts. Professor Kunz is also known nationally in the field of legal research and writing, is co-author of many editions of two major textbooks on the topic, and has participated in the Legal Writing Institute and related ABA and Association of American Law Schools organizations.

Professor Kunz received her J.D. from Indiana University School of Law, Indianapolis, in 1978 and her B.S. from Univeristy of Wisconsin, Madison, in 1975. She is a member of the Indiana bar.

Photo of Thomas J. Smedinghoff

Thomas Smedinghoff
Wildman, Harrold, Allen & Dixon LLP

Thomas J. Smedinghoff is a partner at Wildman, Harrold, Allen & Dixon LLP, where his practice focuses on the new legal issues relating to the developing field of information law and electronic business activities.

Mr. Smedinghoff is internationally recognized for his leadership in addressing emerging legal issues regarding electronic transactions, information security, and digital signature authentication issues from both a transactional and a public policy perspective. He has been retained to structure and implement e-commerce and information security legal infrastructures for the federal government, numerous state governments, and national and international businesses, including banks, insurance companies, investment companies, and certification authorities. He also frequently counsels clients on the law relating to first-of-their-kind electronic transactions, information security legal matters, and e-commerce initiatives. At the same time, he has been actively involved in developing legislation and public policy in the area of electronic business at the state, national, and international levels.

Mr. Smedinghoff graduated from the University of Michigan with his J.D. in 1978. He received his B.A. from Knox College in 1963. He admitted to practice in Illinois.

Photo of Timothy J. Chorvat

Timothy Chorvat
Jenner & Block LLP

Timothy J. Chorvat is a partner in Jenner & Block’s Chicago office. He is a member of the firm’s Litigation Department and Business Litigation, Class Action Litigation and Securities Litigation Practices. Mr. Chorvat is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.

Mr. Chorvat is chairman of the Working Group on Electronic Evidence of the American Bar Association’s Cyberspace Law Committee and a member of its Committee on the Uniform Commercial Code. He is a member of the Section Council of the Illinois State Bar Association’s Section on Civil Practice and Procedure, a member of the Seventh Circuit Bar Association, and a member of the American Bankruptcy Institute and the Advocates Society.

From 1988 to 1989, Mr. Chorvat was an assistant professor of law at the IIT/Chicago Kent College of Law. Mr. Chorvat has spoken and written on a number of litigation-related topics, and is one of the authors of the chapters of Moore’s Federal Practice dealing with class actions and derivative actions.

Mr. Chorvat is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, the U.S. District Courts for the Northern District of Illinois and the District of Arizona, and the Illinois Supreme Court.

Mr. Chorvat graduated magna cum laude from the University of Michigan Law School in 1986, where he served on the Michigan Law Review and was elected to the Order of the Coif. He received a B.A. from Northwestern University in 1983, where he was elected to Phi Beta Kappa.


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Course Code : 771600
Length : 1hr 20min
Recorded Date : 4/17/2008
Format Type : Video

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