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

or call 1-800-926-7926
Program Materials

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.

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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
Patrick J. Hatfield

Partner
Locke Lord

Mr. Hatfield practices focuses on financial services, and IP and technology. He co-authored the 6-Point Framework for...  |  Read More

Ken Moyle
Ken Moyle

Managing Member
K6 Legal

Ken Moyle advises on technology, privacy and digital policy. Mr. Moyle has held in-house leadership positions at...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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