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

A live 90-minute premium CLE webinar with interactive Q&A


Wednesday, November 4, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, October 9, 2020

or call 1-800-926-7926

This CLE webinar will provide counsel with an examination of recent legal trends and developments impacting commercial documentation and signatures sent via email, text messaging, or other forms of electronic communication, with a focus on loan documentation. The panel will examine legal and practical issues regarding 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.

Description

Emails and text messages, now standard forms of business communication, are frequently the means through which counsel outline, negotiate, and revise the terms and conditions of business deals. E-sign and electronic documents are prevalent in commercial lending.

The ESIGN Act and the UETA provide the basic framework for the enforceability of electronic records and signatures. Like paper documents, electronic documents must comply with applicable state laws and the UCC. Counsel must navigate the impact of these laws on borrower promissory notes, loan agreements, security agreements, and guaranties.

If litigation ensues surrounding electronic loan documents, counsel must be prepared to address issues related to enforceability, authentication, and admissibility of electronic communications and e-signatures.

Listen as our authoritative panel discusses recent trends in electronic loan documentation and e-signatures that involve commercial loan documentation as well as case law developments impacting commercial finance agreements via email, text messaging, or other forms of electronic communication. The program will examine legal and practical issues regarding the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in litigation.

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Outline

  1. Introduction to ESIGN, UETA and E-signatures.
  2. COVID-19 lockdown and remote closing lessons learned.
  3. Potential new revisions to the UCC for e-signed documents and emerging technologies.
  4. Provisions and practices to ensure the validity of electronic contracts and e-signatures.
  5. Attribution, authentication, and admissibility protections for electronic contracts and e-signatures.
  6. Relevant e-signature case law update

Benefits

The panel will review these and other relevant issues:

  • What are the legal issues surrounding electronic 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?
  • What have we learned from closing deals remotely during COVID-19 lockdown?
  • What potential new revisions to the UCC could impact electronic closings?
  • What enforceability, authentication, and admissibility challenges do counsel face in litigation involving electronic loan documents?

Faculty

Shirley, Elizabeth
Elizabeth B. Shirley

Partner
Burr & Forman

Ms. Shirley's practice includes commercial litigation, franchise litigation, intellectual property, governmental...  |  Read More

Snow, Ed
Ed Snow

Partner
Burr & Forman

Mr. Snow practices in the firm's Lending practice group. He represents banks, finance companies, funds and...  |  Read More

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