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
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.
Outline
- Introduction to ESIGN, UETA and E-signatures.
- COVID-19 lockdown and remote closing lessons learned.
- Potential new revisions to the UCC for e-signed documents and emerging technologies.
- 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 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
Elizabeth B. Shirley
Partner
Burr & Forman
Ms. Shirley's practice includes commercial litigation, franchise litigation, intellectual property, governmental... | Read More
Ms. Shirley's practice includes commercial litigation, franchise litigation, intellectual property, governmental investigations and enforcement; civil rights and family law. She represents both plaintiffs and defendants in a broad array of business and personal disputes. Ms. Shirley has represented companies, including healthcare entities, private equity firms, automotive dealerships and manufacturers, investment banking firms, municipalities, lending institutions, accounting firms, and start-up companies.
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Ed Snow
Partner
Burr & Forman
Mr. Snow practices in the firm's Lending practice group. He represents banks, finance companies, funds and... | Read More
Mr. Snow practices in the firm's Lending practice group. He represents banks, finance companies, funds and borrowers in the middle and large corporate markets. He has extensive experience with a wide array of lending/borrowing transactions, including accounts receivable and inventory finance; cash flow finance; mezzanine finance; health care finance; equipment finance; joint venture finance; leveraged acquisition finance; unsecured finance; letters of credit finance; asset securitizations; media, high tech and telecommunications finance; real estate finance; loan syndications and participations; workouts, restructurings and forbearance arrangements; secured party sales; debtor-in-possession finance; and loan purchases and sales. He frequently writes and speaks on lending and other legal topics.
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