E-Signatures and International E-Contracting: Navigating Issues of Enforceability, Authentication, and Admissibility

Complying With ESIGN, UETA, eIDAS and More

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


Conducted on Tuesday, April 25, 2017
Recorded event now available


This CLE webinar will provide counsel involved in international transactions with a review of recent legal trends and developments regarding e-signatures and electronic contracts. The panel will examine evolving legal and practical issues, including the authentication of e-signatures; the admissibility of electronic contracts and e-signatures in litigation; and the implications of U.S. and international laws governing contracting via electronic means.

Description

E-signatures and electronic contracts are now standard in business transactions and are frequently the means through which counsel negotiate, execute and revise the terms and conditions of domestic and international deals.

The Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA) provide the basic framework for the enforceability of electronic records and e-signatures. Similarly, Regulation (EU) No 910/2014 (the eIDAS Regulation) established an EU-wide legal framework for electronic signatures, effective in the EU on July 1, 2016. Like paper documents, electronic documents must comply with applicable laws.

If litigation ensues surrounding electronic contracts, counsel must be able to understand and address issues related to enforceability, as well as the authentication and admissibility of electronic communications and e-signatures.

Listen as our authoritative panel discusses international transactions and the recent legal trends and developments regarding e-signatures and electronic contracts. The panel will examine legal and practical issues regarding the authentication of e-signatures, the admissibility of electronic communications and e-signatures in litigation, and increasing regulation in this area.

Outline

  1. Electronic contracts and e-signatures—what are they?
  2. Implications of ESIGN, UETA, eIDAS, other laws for electronic contracts
  3. Relevant case law and regulatory developments
  4. Provisions and practices to ensure validity of electronic contracts and e-signatures
  5. Enforceability, authentication and admissibility challenges with electronic contracts and e-signatures

Benefits

The panel will review these and other key issues:

  • The 2 models underlying 85% of global e-signature law
  • Reconciling contradictions between state, federal and international laws and regulations
  • Rules of thumb for analyzing any international transaction
  • Road map for risk analysis and mitigation
  • Dealing with counsel across borders
  • Enforceability, authentication and admissibility challenges counsel face in litigation involving e-signatures and electronic contracts

Faculty

Patrick J. Hatfield, Partner
Locke Lord, Austin, Texas

Mr. Hatfield practices focuses on financial services, and IP and technology. He co-authored the 6-Point Framework for assessing risk in electronic signature and e-contracting processes. He has handled a wide range of IT, outsourcing, acquisition and joint venture arrangements in the global financial services industry. Mr. Hatfield has helped many clients design and implement effective electronic signature and electronic delivery processes in compliance with ESIGN, UETA and admissibility standards under various rules of evidence.

Ken Moyle, Managing Member
K6 Legal, Bellevue, Wash.

Ken Moyle advises on technology, privacy and digital policy. Mr. Moyle has held in-house leadership positions at start-ups, “unicorns” and publicly traded enterprises, most recently as Chief Legal Officer of DocuSign Inc. With a rare combination of legal, technical and business leadership experience, he has established himself as an internationally recognized expert in digital transactions, e-signature and legal technologies. Mr. Moyle's thought leadership in the electronic signature industry is unrivaled. He has been quoted and cited in scores of publications and legal journals, and has been a keynote speaker at industry and media events in Europe, Asia, the Middle East, Africa, Australia and South America.


Recordings

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International Law Advisory Board

Edward J. Fishman

Partner

Nossaman

Judith A. Lee

Partner

Gibson Dunn & Crutcher

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