E-Signature, E-Contract, and Remote Notarization: New Regulatory Developments and Recent Enforceability Decisions

Recording of a 90-minute CLE video webinar with Q&A

Conducted on Thursday, August 5, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will review the most recent state and federal updates regarding the use of e-signatures, e-contracts, and remote notarization. The panel will discuss the expansion of the use of e-contracts in previously restricted industries and 2021 decisions about the enforceability of e-contracts in general and particular provisions, including mandatory arbitration clauses.


In the current legal environment, both consumers and companies expect to transact business digitally and remain competitive; companies are escalating digital business operations.

Multiple states passed legislation expanding the definitions of digital identities and the scope of electronic signatures and records. States are loosening restrictions on notices and consents being sent electronically and increasing electronic communications. Industries that state law previously barred from electronic contracts, such as insurance, are authorized to use current technology. Remote online notarization is currently allowed in 32 states, and state laws have eased requirements for a notarial witness and the use of remote notarization.

The current administration reauthorized the Financial Technology and Artificial Intelligence Task Forces, addressing artificial intelligence use without inadvertent bias. The Federal Trade Commission offers lessons on using AI truthfully, fairly, and equitably, which business counsel should consider when clients use the technology.

Case law has met the regulatory changes in trying to address this evolving environment. The Supreme Court recently decided a narrow definition of an "automatic telephone dialing system." This decision has long-term effects on interpretations of other technology-related federal and state laws and federal and state regulatory activities.

At the appellate level, the Eleventh Circuit overturned findings that "public accommodations" under Title III of the ADA included websites. Another high profile federal circuit case ruled a valid contract did not exist where a unilateral change was made to a document after one party electronically signed. The First Circuit held an arbitration clause enforceable that was entered into via a mobile app. The e-contract case determined that the consumer was on "inquiry notice" of an online agreement even if the plaintiff failed to read its terms but affirmatively clicking the relevant button.

Listen as our authoritative panel discusses the current status of e-signatures, e-contracts, and remote notarizations. The panel will review both the changes in legislation and case law in this area.



  1. State updates
    1. Digital identity
    2. Industries
  2. Federal updates
    1. FTC
  3. Case law updates
    1. Supreme Court
      1. TCPA
    2. Circuit court high profile cases
      1. Public accommodation
      2. Unilateral changes
      3. Acceptance of terms/arbitration provision


The panel will review these and other key issues:

  • What are the most recent state legislative changes surrounding electronic contracts and e-signatures?
  • How have states changed the use of remote notarization?
  • What enforceability, authentication, and admissibility challenges do counsel face in litigation involving e-signatures and electronic contracts?
  • What do recent circuit court decisions advise on the enforceability of e-contracts and specific provisions?


Determann, Lothar
Lothar Determann

Baker McKenzie

Mr. Determann has been helping companies in Silicon Valley and around the world take products, business models,...  |  Read More

Puterbaugh, Dan
Dan Puterbaugh

Director, Product, IP & Regulatory Affairs

Mr. Puterbaugh has 20 years of experience in technology transactions and product support. He is passionate about...  |  Read More

Tovar, Andrea
Andrea Tovar

Baker McKenzie

Ms. Tovar regularly advises multinational companies on cross-border commercial transactions and complex privacy and...  |  Read More

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