E-Signatures and Electronic Documents in Commercial Lending: Complying With ESIGN, UETA, Interplay With the UCC
Navigating Issues of Enforceability, Authentication of E-Signatures, and Admissibility
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide counsel with an examination of recent legal trends and developments impacting commercial documentation created online (including clickwrap, browsewrap, and the like) and signatures sent via email, text messaging, or other forms of electronic communication, focusing on loan documentation. The panel will examine the legal and practical issues regarding the creation of agreements online and the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in litigation, including the Electronic Signatures in Global and National Commerce (ESIGN) Act, Uniform Electronic Transactions Act (UETA), and UCC implications.
Outline
- Introduction to ESIGN, UETA, and the formation of electronic contracts and e-signatures
- Remote closings: lessons learned during and since the pandemic
- The 2022 amendments to the UCC relating to electronic contracts and e-signatures
- Provisions and practices to ensure the validity of electronic contracts and e-signatures
- Attribution, authentication, and admissibility protections for electronic contracts and e-signatures
- Relevant electronic contract and e-signature case law update
Benefits
The panel will review these and other relevant issues:
- What are the legal issues surrounding the formation of electronic contracts and e-signatures?
- What is the interplay between ESIGN and UETA and the UCC, and how does this impact various agreements that are part of a typical loan package?
- How have the 2022 amendments to the UCC impacted electronic contracts and e-signatures?
- What enforceability, authentication, and admissibility challenges do counsel face in litigation involving electronic loan documents and e-signatures?
Faculty
Edwin E. Smith
Partner
Morgan, Lewis & Bockius
Mr. Smith concentrates his practice in commercial law, debt financings, structured financings, workouts, bankruptcies,... | Read More
Mr. Smith concentrates his practice in commercial law, debt financings, structured financings, workouts, bankruptcies, and international transactions. He is particularly knowledgeable on commercial law and insolvency matters, both domestic and cross-border. His representations have included those in major bankruptcies including Lehman and the City of Detroit. Mr. Smith often advises financial institutions on documentation and risk management issues.
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Steven O. Weise
Partner
Proskauer Rose
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those... | Read More
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those secured by personal property, including structured financing. He is regarded as one of the foremost authorities on Article 9 of the UCC. He is a member of the Permanent Editorial Board for the UCC and a member of the American Law Institute’s UCC Article 9 Drafting Committee. Mr. Weise is also the past chair of the American Bar Association’s Business Law Section Legal Opinions Committee.
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